Section 56 Trade Marks Act 1967

Section 56 of the Trade Marks Act 1967 is about Procedure in cases of option to apply to court or Registrar. It is under ‘Legal proceedings and appeals’ of the Act. It provides as follows:

Where, under any of the foregoing provisions of this Act, an applicant has an option to make an application either to the court or to the Registrar-
(a) if an action concerning the trade mark in question is pending, the application
must be made to the court;

(b) if in any other case the application is made to the Registrar, he may, at any
stage of the proceedings, refer the application to the court, or he may, after
hearing the parties, determine the question between them, subject to appeal to
the court.