Page:Trade Marks Ordinance (Cap. 559).pdf/52

TRADE MARKS ORDINANCE (2) A certificate purporting to be signed by the Registrar and certifying that any entry in the register which he is authorized by this Ordinance or the rules to make has or has not been made, or that any other thing which he is so authorized to do has or has not been done, shall be prima facie evidence of the matters so certified.

(3) Each of the following, that is to say—
 * (a) a copy of an entry in the register or an extract from the register which is supplied under section 69(1) (right to copies of entries);
 * (b) a copy of—
 * (i) any document kept in the Registry;
 * (ii) an extract from any such document; or
 * (iii) any application for registration of a trade mark,

which purports to be a certified copy or a certified extract shall, subject to subsection (4), be admitted in evidence in all courts, and in all proceedings, without further proof and without production of any original.

(4) This section is without prejudice to section 22A or 22B or Part IV of the Evidence Ordinance (Cap. 8) and any provision made by virtue of that section or Part.

80. Registration is prima facie evidence of validity, etc.

In any proceedings relating to a registered trade mark, including proceedings for rectification of the register, the registration of a person as owner of a trade mark shall be prima facie evidence of the validity of the original registration and of any subsequent assignment or other transmission of it.

81. Certificate 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 is validly registered, the court may give a certificate to that effect.

(2) If the court gives such a certificate and in any subsequent proceedings, either before the court or the Registrar—
 * (a) the validity of the registration is again questioned on the same or substantially the same grounds; and
 * (b) the owner of the registered trade mark obtains a final order, judgment or decision in his favour,

the owner is entitled to his costs on an indemnity basis unless the court or the Registrar, as the case may be, directs otherwise.

(3) Subsection (2) does not extend to the costs of an appeal in any such proceedings.