1 October 2011Jurisdiction reportsJ.V. Abhay

Rectification and stay

Section 124 of the Trade Marks Act, 1999, which is pari materia to Section 111 of the previous legislation, the Trade and Merchandise Marks Act, 1958, envisages a stay of a lawsuit for infringement when validity of the registration has been questioned. This provision has courts enunciating varying interpretations.

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