Part 4Legal proceedings
Miscellaneous: Application to Commissioner or court?
158Application to Commissioner or court?
A person who may apply either to the Commissioner or the court for a determination under this Act—
- must, if an action concerning the trade mark in question is pending, apply to the court:
- may, in any other case, apply to the Commissioner who may,—
- after hearing the parties, determine the question between them; or
- at any stage of the proceedings, refer the application to the court.
- after hearing the parties, determine the question between them; or