Trade Marks Act, 1996
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Certificate of validity of contested registration.
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77.—(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 is validly registered, the Court may give a certificate to that effect.
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(2) If the Court gives such a certificate and in subsequent proceedings—
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(a) the validity of the registration is again questioned, and
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(b) the proprietor obtains a final order or judgment in the proprietor's favour,
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the proprietor shall be entitled to his costs as between solicitor and client unless the Court otherwise directs.
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(3) Subsection (2) does not extend to the costs of an appeal in any proceedings.
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