Chapter IV - Effect of Registration
Section 31
Section 31: Prima facie evidence of registration validity
Registration and recorded transfers are prima facie evidence of validity in the legal proceedings described.
On this page
Need advice on Section 31?
This article is for general information. Refer to the Trade Marks Act, 1999 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.
Statutory text
Bare law
(1) 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) In all legal proceedings as aforesaid a registered trade mark shall not be held to be invalid on the ground that it was not a registrable trade mark under section 9 except upon evidence of distinctiveness and that such evidence was not submitted to the Registrar before registration, if it is proved that the trade mark had been so used by the registered proprietor or his predecessor in title as to have become distinctive at the date of registration.
Rule and business relevance
Prima facie evidence supports validity but does not make every challenge impossible. Subsection (2) provides a specific protection tied to proof of distinctive use at registration where the described section 9 evidential issue arises.
Limits and related provisions
Distinguish the registration-date protection here from section 32’s later acquired-distinctiveness rule. Do not call a registration conclusively valid simply because a certificate exists.
Hypothetical business example
Hypothetical example: A registered proprietor facing rectification relies on the registration and relevant evidence of distinctive use, while addressing the actual ground of challenge.
Practical decision flow
Identify the legal proceeding and challenged registration or transfer.
Distinguish prima facie evidence from the opponent’s actual grounds.
For subsection (2), assemble the relevant proof of distinctiveness at registration.
Applying the Act and current procedure
Read the statutory rule together with the applicable Trade Marks Rules, current Registry directions and the facts of the particular mark. Forms, fees and procedural requirements should be checked against their current official source before filing.
Practical checklist
Do
- Identify the legal proceeding and challenged registration or transfer.
- Distinguish prima facie evidence from the opponent’s actual grounds.
- For subsection (2), assemble the relevant proof of distinctiveness at registration.
Avoid
- Distinguish the registration-date protection here from section 32’s later acquired-distinctiveness rule. Do not call a registration conclusively valid simply because a certificate exists.
Glossary
- Prima facie evidence
- Evidence supporting validity initially, rather than an absolute bar to challenge.
- Distinctiveness at registration
- The temporal condition relevant to subsection (2).
Frequently asked questions
Does registration prevent all invalidity proceedings?
No. The section expressly includes proceedings such as section 57 applications.
Is original registration evidence of validity?
Yes, as prima facie evidence.
Does later acquired distinctiveness use the same timing?
Section 32 separately addresses acquisition after registration and before challenge proceedings.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026