35. Repeal and re-enactment of section 101

Section 101 of the principal Act is repealed and the following section substituted therefor:“Registration to be prima facie evidence

101. In all legal proceedings relating to a registered trade mark or any right thereunder (including proceedings for rectification of the register) —

(a)

the register shall be prima facie evidence of anything contained therein;

(b)

the registration of the prescribed particulars of any registrable transaction under section 39 shall be prima facie evidence of the transaction; and

(c)

the registration of a person as proprietor of a registered trade mark shall be prima facie evidence of —

(i)

the validity of the original registration; and

(ii)

any subsequent assignment or other transmission of the registration.”.

Report