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The Trade Marks Rules 2008

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Evidence in proceedings before the registrar; section 69

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64.—(1) Subject to rule 62(2) and as follows, evidence filed in any proceedings under the Act or these Rules may be given—

(a)by witness statement, affidavit, statutory declaration; or

(b)in any other form which would be admissible as evidence in proceedings before the court.

(2) A witness statement may only be given in evidence if it includes a statement of truth.

(3) The general rule is that evidence at hearings is to be by witness statement unless the registrar or any enactment requires otherwise.

(4) For the purposes of these Rules, a statement of truth—

(a)means a statement that the person making the statement believes that the facts stated in a particular document are true; and

(b)shall be dated and signed by—

(i)in the case of a witness statement, the maker of the statement,

(ii)in any other case, the party or legal representative of such party.

(5) In these Rules, a witness statement is a written statement signed by a person that contains the evidence which that person would be allowed to give orally.

(6) Under these Rules, evidence shall only be considered filed when—

(a)it has been received by the registrar; and

(b)it has been sent to all other parties to the proceedings.

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