s 102 Certificate of validity of contested registration
102.—(1) If in any proceedings before the Registrar or the Court the validity of the registration of a trade mark to any extent is contested and it is found by the Registrar or the Court that the registration of the trade mark is wholly or partially valid, the Registrar or the Court may give a certificate to that effect and the fact that the validity of the registration was so contested.[23/2019] (2) Where a certificate is given under subsection (1) and in subsequent proceedings before the Registrar or the Court —(a) the validity of the registration is again questioned; and (b) the proprietor obtains a final order or judgment in the proprietor’s favour relying on the validity of the registration as found in the earlier proceedings, the proprietor is entitled to the proprietor’s costs as between solicitor and client unless the Registrar or the Court directs otherwise. [23/2019] (3) Subsection (2) does not extend to the costs of an appeal in any such proceedings.