TRADE MARKS ACT 1995 - SECT 105 Certificate--use of trade mark

TRADE MARKS ACT 1995 - SECT 105

  (1)   If in any proceedings relating to an opposed application the Registrar or the court has found that:

  (a)   a trade mark has been used in good faith during a particular period; or

  (b)   a trade mark has not been used during a particular period solely because of circumstances that were an obstacle to its use;

the Registrar or the court must, if so requested by the registered owner of the trade mark, give to the registered owner a certificate of those findings.

  (2)   In any subsequent proceedings in which non - use of the trade mark is alleged:

  (a)   the certificate is, on being produced, evidence of the facts stated in it; and

  (b)   if the proceedings are determined in favour of the opponent and, on or before filing the notice of opposition, the opponent notified the applicant of the contents of the certificate--the opponent is entitled, unless the Registrar or the court otherwise directs, to have the opponent's full costs paid by the applicant.