Section 31: Registration to be prima facie evidence of validity.

The Trade Marks Act, 1999Central Act · Act 47 of 1999

(1) In all legal proceedings relating to a trade mark registered under this Act (including applications under section 57), the original registration of the trade mark and of all subsequent assignments and transmissions of the trade mark shall be prima facie evidence of the validity thereof.

(2) In all legal proceedings as aforesaid a registered trade mark shall not be held to be invalid on the ground that it was not a registrable trade mark under section 9 except upon evidence of distinctiveness and that such evidence was not submitted to the Registrar before registration, if it is proved that the trade mark had been so used by the registered proprietor or his predecessor in title as to have become distinctive at the date of registration.

Where this provision sits

Act	The Trade Marks Act, 1999
Section	31
Marginal note	Registration to be prima facie evidence of validity.
Jurisdiction	Central
Status	In force as published by the source

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