Patel Field Marshal Agencies And Anr. vs P.M Diesels Ltd. And Ors. on 29 November, 2017
In the present case, applications for rectification of trademark were
filed by the defendant on 01st August, 2019 before IPAB i.e. after the suit
was instituted, and in terms of Section 124 and judgment in Patel Field
Marshal (supra), the defendant was required to seek framing of the issue
from the court where the suit is pending, for challenging the validity of the
trademark. Although as per section 31 of the TM Act, registration is a prima
facie evidence of the validity of trade mark, however, there is no limitation
on the right of the defendant to challenge the validity of a trademark,
otherwise, Section 124 of the Act would become a dead letter.