Section 42, The Trade Marks Act, 2014

(1) Where an applicant has an option to make anapplication either to the Tribunal or to the Registrar - (a) the application shall be made to the Tribunal if an action concerning the trade mark in question is before the Tribunal; or (b) where the application is made to the Registrar, the Registrar may refer the application to the Tribunal at any stage of the proceedings or may determine the question.