Section 119 in The Trade And Merchandise Marks Act, 1958
119. Certificate of validity.
- If in any legal proceedings for rectification of the registrar before a High Court a decision is on contest given in favour of the registered proprietor of the trade mark on the issue as to the validity of the registration of the trade mark, the High Court may grant a certificate to that effect, and if such a certificate is granted, then in any subsequent legal proceeding in which the said validity comes into question the said proprietor on obtaining a final order or judgement in his favour affirming the validity of the registration of the trade mark shall, unless the said final order or judgement for sufficient reason directs otherwise, be entitled to his full costs, charges and expense as between legal practitioner and client.
