Trade Marks Ordinance, 2001 — section 115

115. Procedure before the Federal Government..—_In all proceedings under this Ordinance before the Federal Government, evidence shall be given by affidavit, provided that the Federal Government may, if it thinks fit, take oral evidence in lieu of, or in addition to, such evidence by affidavit, and shall for that purpose have all the powers of a Civil Court referred to in clause (a) of section 111. 1 Subs. by Act No. LVIII of 2023, s.40. 116. Procedure in certain cases of option to apply to the High Court, a District Court or the Registrar.___Where under this Ordinance, an applicant has the option of making an application either to the High Court 1[IP Tribunal] or to the Registrar

(a)if any suit or proceedings concerning the trade mark in question are pending before the High Court 1[IP Tribunal], the application shall be made to the High Court or, as the case may be, the 1[IP Tribunal]: and

(b)in any other case, if the application is made to the Registrar, he may at any stage of the proceedings refer the application to the High Court 1[IP Tribunal].