https://www.taxtmi.com/caselaws?id=196562 Section 124(1) of the Trade Marks Act, 1999 was treated as mandatory where validity of a registered trade mark is under challenge and rectification proceedings are already pending. On that basis, the infringement component of the suit had to be stayed until disposal of the rectification proceedings before the statutory forum. Prior decisions under Section 111 of the Trade and Merchandise Marks Act, 1958 were regarded as consistent with this approach because the provisions were treated as in pari materia. The passing off claim was not subject to the same bar and could continue independently. en-us Tue, 16 Feb 2010 00:00:00 +0530 Thu, 07 Dec 2017 12:19:51 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=196562 Section 124(1) of the Trade Marks Act, 1999 was treated as mandatory where validity of a registered trade mark is under challenge and rectification proceedings are already pending. On that basis, the infringement component of the suit had to be stayed until disposal of the rectification proceedings before the statutory forum. Prior decisions under Section 111 of the Trade and Merchandise Marks Act, 1958 were regarded as consistent with this approach because the provisions were treated as in pari materia. The passing off claim was not subject to the same bar and could continue independently. Case-Laws Indian Laws Tue, 16 Feb 2010 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=196562