Section 31 Trade Marks Act 1999 enacts the doctrine that the REGISTRATION CERTIFICATE is to be:
Answer & Solution
Correct answer: C.
1. Section 31(1) Trade Marks Act 1999: 'In all legal proceedings relating to a trade mark registered under this Act (including applications under section 57), the original registration of the trade mark and of all subsequent assignments and transmissions of the trade mark shall be prima facie evidence of the validity thereof.'
2. Section 31(2): in any legal proceeding, the registration of a trade mark shall, after the expiration of 7 years, be taken to be valid in all respects unless certain conditions of invalidity are shown.
3. The PRESUMPTION OF VALIDITY can be rebutted by evidence (e.g. through Section 57 rectification or counter-claim).
4. Hence option B is correct.
_Source: Patents Act 1970 / Copyright Act 1957 / Trade Marks Act 1999 (Bare Acts, IPIndia portal + Copyright Office) — Trade Marks Act 1999, Section 31_
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