Section 55Part 7 — INFRINGEMENT AND LEGAL PROCEEDINGS
Certificate of validity of contested registration
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Where the validity of the registration of a trade mark is contested in proceedings before the Court and it is found by the Court that the trade mark is validly registered, the Court may give a certificate to that effect.
Where the Court gives a certificate and in subsequent proceedings —
the validity of the registration is again questioned; and
a final order or judgment is obtained in the proprietor's favour,
the proprietor is entitled to costs on the indemnity basis unless the Court directs otherwise, but this subsection does not extend to the costs of an appeal in any such proceedings.