PrincipleINTELLECTUAL PROPERTY LAW — Trade Marks — Presumption of Validity of Registration
- Area of law
- INTELLECTUAL PROPERTY LAW
- Court
- SupremeCourt
Registration of a trade mark creates a presumption of validity that shifts the burden to the challenging party. The registered proprietor need not prove validity afresh in infringement proceedings; the registration certificate is prima facie evidence. However, this presumption is rebuttable; a defendant may challenge…
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