Akey provision that invariably concerns any suit on trademark infringement is section 124 of the Trade Marks Act, 1999, which provides for a stay of proceedings where the validity of registration of the trademark is questioned.
Under section 124, the defendant in a suit for trademark infringement may plead that registration of the plaintiff’s trademark is invalid or raise the defence that the right to use that trademark was given to the defendant by registration as two or more similar or identical trademarks were registered under the act.
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If the plaintiff pleads that the registration of the defendant’s trademark is invalid, and any proceeding for rectification of the register in relation to the plaintiff’s or defendant’s trademark is pending before the Registrar or the Intellectual Property Appellate Board, the court trying the case will stay the suit pending the final disposal of such proceedings.
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Manisha Singh Nair is a partner at Lex Orbis IP, a New Delhi-based intellectual property practice.
709/710 Tolstoy House, 15-17 Tolstoy Marg
New Delhi – 110 001
India
Tel: +91 11 2371 6565
Fax: +91 11 2371 6556
Email: mail@lexorbis.com
