Trade Marks Act 1998 · 2020 Revised Edition · Part 11 · Miscellaneous and General Provisions
101. Registration to be prima facie evidence
Feedback & supportIn all legal proceedings relating to a registered trade mark or any right thereunder (including proceedings for rectification of the register) —
register
“register” means the register of trade marks maintained by the Registrar under section 66;
the register is prima facie evidence of anything contained therein;
the registration of the prescribed particulars of any registrable transaction under section 39 is prima facie evidence of the transaction; and
the registration of a person as proprietor of a registered trade mark is prima facie evidence of —
proprietor
“proprietor” means —(a)in relation to a registered trade mark — the person in whose name the trade mark is registered; or(b)in relation to an unregistered trade mark that is a well known trade mark — the person to whom the trade mark belongs;
the validity of the original registration; and
any subsequent assignment or other transmission of the registration.