Trade Marks Act · s 68

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s 68Certificate of validity of contested registration

(1)

If in proceedings before the court the validity of the registration of a trade mark is contested and it is found by the court that the trade mark was validly registered, the court may give a certificate to that effect.

(2)

If the court gives such a certificate and in subsequent proceedings —

(a)

the validity of the registration is again questioned; and

(b)

the proprietor obtains a final order or judgment in his favour, he is entitled to his costs unless the court directs otherwise. This subsection does not extend to the costs of an appeal on any such proceedings.