Rev. 2009] Trade Marks CAP. 506 43 which the Registrar has given advice in the affirmative, made within three months after the advice is given, the Registrar, after further investigation or consideration, gives notice to the applicant of objection on the ground that the trade mark is not adapted to distinguish, or capable of distinguishing, as the case may be, the applicant shall be entitled, on giving notice of withdrawal of the application within the prescribed period, to have repaid to him any fee paid on the filing of the application. 44. Where any discretionary or other power is given to the Registrar by this Act or the rules, he shall not exercise that power adversely to the applicant for registration or the registered proprietor of the trade mark in question without (if duly required so to do within the prescribed time) giving to the applicant or registered proprietor an opportunity of being heard. Hearing before exercise of Registrar’s discretion. 45. (1) In all proceedings before the Registrar under this Act, Power of Registrar to the Registrar shall have power to award to any party such costs as he award costs. may consider reasonable, and to direct how and by what parties they are to be paid, and any such order may, by leave of the court or a judge thereof, be enforced in the same manner as a judgment or order of the court to the same effect. (2) The Chief Justice may make rules in regard to the amount of and generally as to costs. Part X - Legal Proceedings And Appeals 46. In all legal proceedings relating to a registered trade mark Registration to be (including applications under section 35), the fact that a person is prima facie evidence registered as proprietor of the trade mark shall be prima facie evidence of validity. of the validity of the original registration of the trade mark and of all subsequent assignments and transmissions thereof. 47. In any legal proceeding in which the validity of the registration Certificate of validity. of a registered trade mark comes into question and is decided in favour of the proprietor of the trade mark, the court may certify to that effect, and if it so certifies then in any subsequent legal proceeding in which the validity of the registration comes into question the proprietor of the trade mark on obtaining a final order or judgment in his favour shall have his full costs, charges and expenses as between advocate and client, unless in the subsequent proceeding the court certifies that he ought not to have them. 48. In all proceedings before the court under this Act, the costs Costs of Registrar in of the Registrar shall be in the discretion of the court, but the Registrar proceedings before court, and payment shall not be ordered to pay the costs of any other of the parties.