Tuesday, August 25, 2009
Registered trademark is prima facie evidence
Trade Marks Act 1994 & evidence in all legal proceedings
The UK's legislation does provide that the registration of a person as proprietor is prima facie evidence in all legal proceedings.
Section 72 of the Act is as follows:
72 Registration to be prima facie evidence of validity
In all legal proceedings relating to a registered trade mark (including proceedings for rectification of the register) the registration of a person as proprietor of a trade mark shall be prima facie evidence of the validity of the original registration and of any subsequent assignment or other transmission of it.
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