No. 12 Trade and Service Marks 1986 23 Validity of 50.--(1) In all legal proceedings relating to a registered trade or service registration mark including applications under section 36 the fact that a person is registered as proprietor of the trade or service mark shall be primafacie evidence of the validity of the original registration of the mark and of all subsequent assignments and transmissions thereof. (2) Subject to section 62, in all legal proceedings as aforesaid the original registration of the trade or service mark shall, after seven years from the date of registration of that mark, be taken to be valid in all aspects, unless(a) that registration was obtained by fraud. or (b) the trade or service mark should not have been registered in view of the provisions of section 19 and the same ground for prohibiting the original registration under that section prevails at the same time the validity of the original registration is contested. Certification 51. In any legal proceeding in which the validity of the registration of a registered trade or service mark comes into question and is decided in of validity favour of the proprietor of the trade or service mark, the court shall certify to that effect. Registrar's 52.--(1) In any legal proceeding in which the relief sought includes right to alteration or rectification of the register, the Registrar shall have the appear to appear and be heard, and shall appear if so directed by the Court. (2) Unless otherwise directed by the court, the Registrar in lieu of appearing and being heard, may submit to the court a statement in writing, signed by him. giving particulars of any proceedings before him in relation to the matter in issue or of the grounds of any decision given by him effecting it or of the practice of the Trade and service Marks Office in like cases or of such other matters relevant to issues, and within his knowledge as Registrar, as he deems fit, and the statement shall be deemed to form part of the evidence in the proceeding. Courts power 53. The Court, in dealing with any question of the rectification of the to review register (including all applications under the provisions of section 36), shall Registra's have power to review any decision of the Registrar relating to the entry in decision question or the correction sought to be made. Courts 54. in any appeal from the decision of the Registrar to the Court, the discretion court shall have and exercise same discretionary powers as under this Act in appeals are conferred upon the Registrar. Procedure in 55. Where under any of the foregoing provisions of this Act an applicacase of option nt has an option to make an application either to the court or to the to apply to Registrar and such application is made to the Registrar, the Registrar may, or at any stage of the proceedings, refer the application to the court or may, court Registrar after hearing the parties, determine the question between them, subject to appeal to the court. PART XII OFFENCES AND PENALTIES Falsification ,96. Any person who makes or causes to be made a false entry in the of entries in Register, or writing falsely purporting to be a copy of an entry in the register register, or who produces or tenders in evidence any such writing, knowing the entry or writing to be false, shall be guilty of an offence.

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