165 Certificate of validity

(1)

In a legal proceeding in which the validity of the registration of a registered trade mark comes into question, the court may certify a decision that is in favour of the owner of the trade mark.

(2)

The owner of a registered trade mark who obtains a final order or judgment in his or her favour in a later legal proceeding in which the validity of the registration of the trade mark comes into question again is entitled to his or her full costs, charges, and expenses as between solicitor and client if—

(a)

the court has already certified a decision in favour of the owner under subsection (1); and

(b)

the court does not certify in the later proceeding that the owner is not entitled to those costs, charges, and expenses.

Compare: 1953 No 66 s 61