Certificate of validity of contested registration

(1) If in the proceedings before the Court the validity of the registration of a trade mark is contested and it is found by the Court that the trade mark is validly registered, the Court may give a certificate to that effect. (2) If the Court gives such a certificate and in subsequent (a) the validity of the registration is again questioned; and (b) the proprietor obtains a final order or judgment in his favour, he is entitled to his costs as between attorney and client unless the Court directs otherwise but this subsection does not extend to the costs of an appeal in any such proceedings.