s 54 Procedure in cases of option to apply to Court or Registrar.
Where under any of the foregoing provisions of this Act an applicant has an option to make an application either to the Court or to the Registrar— (a) if an action concerning the trade mark in question is pending, the application must be made to the Court; (b) if in any other case the application is made to the Registrar, he may, at any stage of the proceedings, refer the application to the Court, or he may, after hearing the parties, determine the question between them, subject to appeal to the Court.