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(ii) if no such proceedings are pending and the court is satisfied that the plea regarding the invalidity of the registration of the plaintiff's or defendant's trade mark is prima facie tenable, raise an issue regarding the same and adjourn the case for a period Marks Act 1999, the plaintiff seeks permission to file a rectification petition challenging Registration No. 2356081 dated 3 January 2020, granted by the Trade Marks Registry, whereby the word mark FABIO was registered in favour of defendant Parle Products Pvt Ltd in Class 30 with effect from 2 July 2018 for "biscuits, bread, cookies, cakes, pastry and pastry products; confectionery including fruit sweets, candies, toffees, chocolates and sugar sweets; pie; chocolate pies;