The Registrar in Legal Proceedings, and the Bar to Appear

In one line

The Registrar is a party to nothing and is heard in much, and the Act gives him a right to appear, an alternative of a written statement that counts as evidence, and a rule keeping former tribunal members out of his court.

Section 98: the right to appear

Section 98(1): "The Registrar shall have the RIGHT TO APPEAR AND BE HEARD:

(a) in ANY LEGAL PROCEEDINGS BEFORE THE HIGH COURT in which the relief sought INCLUDES ALTERATION OR RECTIFICATION OF THE REGISTER, or in which ANY QUESTION RELATING TO THE PRACTICE OF THE TRADE MARKS REGISTRY IS RAISED;

(b) in ANY APPEAL TO THE HIGH COURT FROM AN ORDER OF THE REGISTRAR on an application for registration of a trade mark:

(i) WHICH IS NOT OPPOSED, and the application is either REFUSED by the Registrar or is ACCEPTED BY HIM SUBJECT TO ANY AMENDMENTS, MODIFICATIONS, CONDITIONS OR LIMITATIONS, or

(ii) WHICH HAS BEEN OPPOSED and the Registrar considers that HIS APPEARANCE IS NECESSARY IN THE PUBLIC INTEREST,

and the Registrar shall appear in any case if so directed by the Board."

Section 98(2): "UNLESS THE HIGH COURT OTHERWISE DIRECTS, the Registrar MAY, IN LIEU OF APPEARING, SUBMIT A STATEMENT IN WRITING SIGNED BY HIM, giving such particulars as he thinks proper of THE PROCEEDINGS BEFORE HIM relating to the matter in issue, or of THE GROUNDS OF ANY DECISION given by him affecting it, or of THE PRACTICE OF THE TRADE MARKS REGISTRY IN LIKE CASES, or of OTHER MATTERS RELEVANT TO THE ISSUES AND WITHIN HIS KNOWLEDGE AS REGISTRAR, and SUCH STATEMENT SHALL BE EVIDENCE IN THE PROCEEDING."

When he appears

Two situations under clause (a), and both concern the register or the Registry rather than the parties.

Where the relief sought includes alteration or rectification of the register. The register is his, and an order changing it is executed by him.

Where a question relating to the practice of the Trade Marks Registry is raised. Nobody else can tell the court what the Registry does.

Two situations under clause (b), and both concern appeals from his own orders.

Where the application was NOT opposed and he refused it, or accepted it subject to amendments, modifications, conditions or limitations. In an unopposed case there is no respondent. Without the Registrar the appeal would be heard with only one side present, and the reasons for the refusal would go unargued.

Where the application WAS opposed and he considers his appearance necessary IN THE PUBLIC INTEREST. Here there is a respondent, so his appearance is exceptional and is left to his own judgment of the public interest.

And the closing words. "The Registrar shall appear in any case if so directed by the Board." The Board was abolished on 4 April 2021 and this clause was not amended. It is a fossil, recorded here and in chapter 1420.