https://www.taxtmi.com/caselaws?id=351827 Where validity of a trade mark is questioned in a pending infringement suit, the statutory scheme requires the challenge to be pursued through the prescribed rectification route within time. If no rectification application is filed as required, the invalidity plea is deemed abandoned in the suit, and that abandonment also bars a separate rectification proceeding under Sections 46 and 56 of the Trade and Merchandise Marks Act, 1958. The civil court's prima facie view determines whether the matter can be taken forward into rectification, so the scheme prevents parallel determinations and conflicting findings on validity. The same approach was noted to apply under the Trade Marks Act, 1999. en-us Wed, 29 Nov 2017 00:00:00 +0530 Sat, 02 Dec 2017 10:09:16 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=351827 Where validity of a trade mark is questioned in a pending infringement suit, the statutory scheme requires the challenge to be pursued through the prescribed rectification route within time. If no rectification application is filed as required, the invalidity plea is deemed abandoned in the suit, and that abandonment also bars a separate rectification proceeding under Sections 46 and 56 of the Trade and Merchandise Marks Act, 1958. The civil court's prima facie view determines whether the matter can be taken forward into rectification, so the scheme prevents parallel determinations and conflicting findings on validity. The same approach was noted to apply under the Trade Marks Act, 1999. Case-Laws Indian Laws Wed, 29 Nov 2017 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=351827