relation to the goods or serviees in respect of which the trade mark is registered and to obtain relief in respect of infringement of the trade mark in the manner provided by this Act and under Section 31 of the Act of 1999, in all legal proceedings relating to a trade mark registered under this 1 Act, the original registration of the trade mark and of all subsequent assignments ahd transmissions of the trade mark shall be prunafacie evidence ofvalidity thereof, and therefore, the registration certificate Nos. 1730810 to 1730812, if valid, will give to the plaintiff, the exclusive right to manufacture and sell the Bidis under the above trade mark. However, it is also true that if the above trade marks have been validly renewed in the name of M/s Durga Tobacco Product, then it may give right to use the same to the legal representatives of late Natwar Bhai Patel. Therefore, there appears to be dispute with regard to validity of registration of trade marks between the parties. Further, the defendant has allegedly used the above trade marks through Rajendra Kumar N. Patel, i.e., the legal representative of earlier co-owner - late Natwar Bhai Patel. Earlier co-owners of the above trade marks,. in the facts and circumstances of the case, priraa facie, appear to be necessary parties.
