Section 53
Registration conclusive
ActIn forceProvision 53 of 214
Section 53
In all legal proceedings relating to a trademark in the Register, the original registration of the trademark shall, after the expiration of five years from the date of registration be taken to be valid in all respects unless it is shown that—
(a)
the original registration was obtained by fraud;
(b)
the trademark offends paragraph 23(5)(a), (c), (d) or (e);
or
Trademarks 57
(c)
the trademark was, at the commencement of the proceedings, devoid of distinctiveness of the goods or services of the registered proprietor.