No. 12
Trade and Service Marks
1986
23
Validity of
50.--(1) In all legal proceedings relating to a registered trade or service
registration
mark including applications under section 36 the fact that a person is registered as proprietor of the trade or service mark shall be primafacie evidence of the validity of the original registration of the mark and of all
subsequent assignments and transmissions thereof.
(2) Subject to section 62, in all legal proceedings as aforesaid the original
registration of the trade or service mark shall, after seven years from the
date of registration of that mark, be taken to be valid in all aspects, unless(a) that registration was obtained by fraud. or
(b) the trade or service mark should not have been registered in view of
the provisions of section 19 and the same ground for prohibiting the
original registration under that section prevails at the same time
the validity of the original registration is contested.
Certification
51. In any legal proceeding in which the validity of the registration of a
registered trade or service mark comes into question and is decided in
of validity
favour of the proprietor of the trade or service mark, the court shall certify
to that effect.
Registrar's
52.--(1) In any legal proceeding in which the relief sought includes
right to
alteration or rectification of the register, the Registrar shall have the
appear
to appear and be heard, and shall appear if so directed by the Court.
(2) Unless otherwise directed by the court, the Registrar in lieu of
appearing and being heard, may submit to the court a statement in writing,
signed by him. giving particulars of any proceedings before him in relation
to the matter in issue or of the grounds of any decision given by him
effecting it or of the practice of the Trade and service Marks Office in like
cases or of such other matters relevant to issues, and within his knowledge
as Registrar, as he deems fit, and the statement shall be deemed to form
part of the evidence in the proceeding.
Courts power
53. The Court, in dealing with any question of the rectification of the
to review
register (including all applications under the provisions of section 36), shall
Registra's
have power to review any decision of the Registrar relating to the entry in
decision
question or the correction sought to be made.
Courts
54. in any appeal from the decision of the Registrar to the Court, the
discretion
court shall have and exercise same discretionary powers as under this Act
in appeals
are conferred upon the Registrar.
Procedure in
55. Where under any of the foregoing provisions of this Act an applicacase of option
nt has an option to make an application either to the court or to the
to apply to
Registrar and such application is made to the Registrar, the Registrar may,
or
at any stage of the proceedings, refer the application to the court or may, court
Registrar
after hearing the parties, determine the question between them, subject to
appeal to the court.
PART XII
OFFENCES AND PENALTIES
Falsification
,96. Any person who makes or causes to be made a false entry in the
of entries in
Register, or writing falsely purporting to be a copy of an entry in the
register
register, or who produces or tenders in evidence any such writing, knowing
the entry or writing to be false, shall be guilty of an offence.