National Bell Co. & Anr vs Metal Goods Mfg. Co. (P) Ltd. & Anr on 18 March, 1970
(vii) The provisions of Section 31 of the Act read in
conjunction with Sections 28 and 124 clearly show that till the mark
is rectified there is a presumption in law as to validity of the
registration of the mark. The words prima facie in Section 31 are
required to be construed in the context of the object of registration,
the object of the Act and the provision conferring exclusive
jurisdiction of the appropriate forum (which is not the civil court
trying the infringement action) to decide the question of validity of
the registration of the registered trade mark. It is submitted that two
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objects are achieved by Section 31, first, it facilitates proof of title to
the mark, and Second, it throws the burden on the Applicant
seeking to invalidate the registration as regards the rectification
proceedings. The words of the Section "prima facie valid" show that
so long as the mark is on the register and till it is not expunged by
the appropriate authority (which is not the civil court) the
registration must be considered as valid. This dual objective is noted
by the Supreme Court in the case of National Bell Company V. Metal
Goods Manufacturing Company Private Limited AIR 1971 SC 898, at
para 8 in the following words:-