Section 57 Trade Marks Act 1967

Section 57 of the Trade Marks Act 1967 is about Method of giving evidence, etc. It is under ‘Evidence’ of the Act. It provides as follows:

(I) In any proceedings under this Act before the Registrar, the evidence shall be
given by statutory declaration except in so far as the Registrar otherwise directs; but in any case where the Registrar thinks it right to do so, he may take evidence viva voce instead of or in addition to evidence by statutory declaration.

(2) Where, in any such proceedings, any evidence has been given by means of a
statutory declaration, that evidence may, in the case of an appeal, be given before the court by means of that statutory declaration instead of by affidavit; but any evidence given by statutory declaration before the court by virtue of this subsection shall have all the incidents and consequences of evidence given by affidavit.

(3) The Chief Judge of the Federal High Court may, with respect to the taking in any
proceedings before the Registrar under this Act of any part of the evidence viva voce, make rules-
(a) as to the examination of the parties, and of witnesses, on oath or affirmation;
and
(b) as to the procedure of securing the attendance of witnesses and the production
of documents.

(4) Rules made under subsection (3) of this section, shall not have effect until published in the Federal Gazette.

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