Act 17 Trademarks Act 2010 (2) An order made under subsection (1) may, by leave of the court, be enforced in the same manner as a judgment or order of the court to the same effect. 58. Registration to be prima facie evidence of validity. In all legal proceedings relating to a registered trademark including applications under section 78 the fact that a person is registered as owner of the trademark is prima facie evidence of the validity of the original registration of the trademark and of all subsequent assignments and transmissions. 59. Certificate of validity. (1) In any legal proceeding in which the validity of the registration of a registered trademark comes into question and is decided in favour of the owner of the trademark, the court may certify to that effect. (2) Where the court certifies under subsection (1), then in any subsequent legal proceeding in which the validity of the registration comes into question, the owner of the trademark on obtaining a final order or judgment in his or her favour shall have his or her full costs, charges and expenses as between advocate and client, unless in the subsequent proceeding the court certifies that he or she ought not to have them. 60. Trade usage, etc. to be considered. (1) In an action or proceeding in respect of a trademark relating to goods or a trade name, the registrar shall admit evidence of the usages of the trade concerned and of any relevant trademark relating to goods or trade name or get-up legitimately used by other persons. (2) In an action respect of a trademark relating to services or business name, the registrar shall admit evidence of business usages in the provision of services in question and of any relevant trademark relating to services or business name or get-up legitimately used by other persons. 61. Registrar’s appearance in proceedings involving rectification. (1) In any legal proceeding in which the relief sought includes alteration or rectification of the register, the registrar shall have the right to appear and be heard and shall appear if directed by the court. 54