TRADE MARKS ACT (2) Where any matter has been referred to the Tribunal in terms of subsection (1), the Registrar and the parties shall be entitled to be heard by the Tribunal before any decision is made in such matter and may appear or be represented in accordance with section sixty-five. 70 Registration to be prima facie evidence of validity In all legal proceedings relating to a registered trade mark, including applications under section thirty-seven, the fact that a person is registered as 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. ss 64–74 by him, giving particulars of the proceedings before him in relation to the matter in issue or of the grounds of any decision given by him affecting it or of the practice of the Trade Marks Office in like cases or of such other matters relevant to the issues, and within his knowledge as Registrar, as he thinks fit, and the statement shall be deemed to form part of the evidence in the proceedings. 71 Certification of validity In any legal proceedings in which the validity of the registration of a registered trade mark comes into question and is decided in favour of the proprietor of the trade mark, the High Court or Tribunal may certify to that effect and, if it is so certified, then, in any subsequent legal proceedings in which the validity of the registration comes into question, the proprietor of the trade mark, on obtaining a final order or judgment in his favour, shall have his full costs, charges and expenses as between legal practitioner and client, unless in the subsequent proceedings the High Court or Tribunal certifies that he ought not to have them. 72 Infringement action to be heard in High Court (1) Any action or legal proceedings relating to the infringement of a trade mark shall be brought in the High Court on notice of motion. (2) In any action or legal proceedings brought in terms of subsection (1) the defendant may, in regard to any registered trade mark in issue, counter-claim for the rectification of the Register and if he does so— (a) he shall, within the time limit for delivery of the counter-claim, serve the Registrar with the same and a copy of the notice of motion, action or proceedings, and (b) the Registrar shall be entitled to take such part in the action as he may think fit without delivering a defence or other pleading. 73 Trade usage, etc., to be considered In any action or proceedings relating to a trade mark the Tribunal or the Registrar, as the case may be, shall admit evidence of the usages of the trade concerned and of any relevant trade mark legitimately used by other persons. 74 Registrar’s appearance in proceedings involving rectification (1) In any legal proceedings in which the relief sought includes alteration or rectification of the Register, the Registrar— (a) shall have the right to appear and be heard; and (b) shall appear if so directed by the Tribunal. (2) Unless otherwise directed by the Tribunal, the Registrar, in lieu of appearing and being heard, may submit to the Tribunal a statement in writing signed 115 [Chapter 26:04]