Section 38, The Trade Marks Act, 2014

(1) Where there is an issue about the validity of theregistration of a registered trade mark in legal proceedings, the Tribunal may certify validity in favour of the owner. (2) In subsequent legal proceedings where validity is an issue, the owner of the trade mark is entitled to costs, charges and expenses between legal practitioner and client on obtaining a final order or judgment, unless the Tribunal certifies otherwise.