Trade Marks Ordinance, 2001 — section 114

114. Appeal against the decision of the Registrar..—_(1) Save as otherwise expressly provided in this Ordinance, an appeal shall lie, within the prescribed period, against any decision of the Registrar under this Ordinance or rules made thereunder to the High Court having jurisdiction: Provided that if any suit or other proceedings concerning the trade make in question is pending before the High Court or 1[an IP Tribunal], the appeal shall lie to that High Court, as the case may be, to the High Court within whose jurisdiction that 1[IP Tribunal] is situated.

(2)In an appeal by an applicant for registration against a decision of the Registrar under section 21, 22 or 28, it shall not be open, save with the express permission of the High Court, to the Registrar or any party opposing the appeal to advance grounds other than those recorded in the said decision or advanced by the party in the proceedings before the Registrar, as the case may be, and where any such additional grounds are advanced, the applicant for registration may, on giving notice in the prescribed manner, withdraw his application without being liable to pay the costs of the Registrar or the parties opposing his application.

(3)Subject to the provisions of this Ordinance and of rules made thereunder, the provisions of the Code of Civil Procedure, 1908 (Act V of 1908), shall apply to appeal before the High Court or 1 [an IP Tribunal] under this Ordinance.