Registered trade marks agents may plead before the Registrar, and the Bombay Pleaders Act does not bar such appearance.

Section 80 of the Trade Marks Act, 1940 was read broadly to permit a duly authorised agent, including a registered trade marks agent, to do any act required under the Act other than making an affidavit. On that construction, pleading before the Registrar forms part of the authorised acts an agent may perform, because the statutory scheme and hearing rules contemplate argument on behalf of a party. Section 9 of the Bombay Pleaders Act, 1920 did not bar such appearance, as it applies to civil proceedings in courts and the Registrar functions as a statutory tribunal rather than a court in the strict sense. The objection based on the phrase "court subordinate to the High Court" was rejected.

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Issues: Whether a registered trade marks agent is entitled to plead before the Registrar of Trade Marks under Section 80 of the Trade Marks Act, 1940, and whether Section 9 of the Bombay Pleaders Act, 1920 bars such appearance.

Analysis: Section 80 of the Trade Marks Act, 1940 uses the word "act" in a wide sense and permits a duly authorised agent, including a registered trade marks agent, to do any act required to be done by a person under the Act other than making an affidavit. The scheme of the Act and the rules providing for hearing of parties before the Registrar show that arguing the case is part of the acts that may be performed by such an agent. The Registrar is not a court in the strict sense, but a tribunal exercising statutory functions, so Section 9 of the Bombay Pleaders Act, 1920, which applies to civil proceedings in courts, does not control proceedings before the Registrar. The argument based on the definition of "court subordinate to the High Court" was also rejected.

Conclusion: A registered trade marks agent is entitled to plead before the Registrar, and Section 9 of the Bombay Pleaders Act does not bar such appearance.

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