Trade Marks Act 1998 · 2020 Revised Edition · Part 9 · Administrative and Other Supplementary Provisions
75. Appeals from Registrar
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Except as provided under subsections (2) and (3) or by rules made under this Act, there is no appeal from a decision of the Registrar for any matter under this Act or the rules made under this Act.
Registrar
“Registrar” means the Registrar of Trade Marks mentioned in section 62 and includes any Deputy Registrar of Trade Marks mentioned in that section;
The following are subject to appeal to the Court:
a decision of the Registrar as to the registrability of a trade mark;
a decision of the Registrar not to allow any alteration of a registered trade mark as described in section 20;
a decision of the Registrar relating to an application for revocation under section 22;
a decision of the Registrar relating to an application for a declaration of invalidity under section 23;
a decision of the Registrar under section 67.
Where the Registrar makes a decision in any interlocutory proceedings between 2 or more parties, and the decision terminates any matter concerning a trade mark or an application for a trade mark, any of those parties who is adversely affected by the termination of the matter may appeal to the Court from the decision of the Registrar.
trade mark
“trade mark” means any sign capable of being represented graphically and which is capable of distinguishing goods or services dealt with or provided in the course of trade by a person from goods or services so dealt with or provided by any other person;
An appeal does not lie to the appellate court from a decision of the Court on appeal from a decision of the Registrar for any matter under this Act or the rules made under this Act unless permission to appeal is given by the appellate court.
In this section, “appellate court” means the court to which an appeal under subsection (4) is to be made under section 29C of the Supreme Court of Judicature Act 1969.