Trade Marks Act 1998 · 2020 Revised Edition · Part 11 · Miscellaneous and General Provisions
102. Certificate of validity of contested registration
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If in any proceedings before the Registrar or the Court the validity of the registration of a trade mark to any extent is contested and it is found by the Registrar or the Court that the registration of the trade mark is wholly or partially valid, the Registrar or the Court may give a certificate to that effect and the fact that the validity of the registration was so contested.
Registrar
“Registrar” means the Registrar of Trade Marks mentioned in section 62 and includes any Deputy Registrar of Trade Marks mentioned in that section;
Where a certificate is given under subsection (1) and in subsequent proceedings before the Registrar or the Court —
the validity of the registration is again questioned; and
the proprietor obtains a final order or judgment in the proprietor’s favour relying on the validity of the registration as found in the earlier proceedings,the proprietor is entitled to the proprietor’s costs as between solicitor and client unless the Registrar or the Court directs otherwise.
Subsection (2) does not extend to the costs of an appeal in any such proceedings.