LEGAL PRINCIPLE: INTELLECTUAL PROPERTY LAW — Trade Marks — Presumption of Validity of Registration
PRINCIPLE STATEMENT
In all legal proceedings relating to a registered trade mark, the fact that a person is registered as a proprietor of the trade mark shall be prima facie evidence of the validity of the original registration of the trade mark and of all subsequent assignments and transmissions thereof.
RATIO DECIDENDI (SOURCE)
Per Tobi, JSC, in Ferodo Limited & Anor v. Ibeto Industries Limited (2004) NLC-951999(SC) at p. 43; Paras C–D.
"In all legal proceedings relating to a registered trade mark, the fact that a person is registered as a proprietor of the trade mark shall be prima facie evidence of the validity of the original registration of the trade mark and of all subsequent assignments and transmissions thereof."
EXPLANATION / SCOPE
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 validity by showing the mark was improperly registered. This serves streamlining trade mark litigation and respecting the Registrar’s expertise. The court cannot ignore the presumption but must allow challenges where good grounds exist.