Madan Mohan Sahoo And Anr. vs State Of Orissa on 27 September, 1995
• In the context of criminal cases, in Madan Mohan Sahu v. State of
Orissa18. the High Court of Orissa has clearly held that if the High
Court is not defined in the statute, it would be the High Court having
territorial jurisdiction over the offence. Since the TRA aims to increase
access to justice for litigants, jurisdiction should not be restricted to the
Registry where the trade mark was granted. He submits that
infringement actions are often filed before various High Courts, and the
cancellation petition, even if the mark is not registered in that particular
High Court's jurisdiction, should be filed and heard alongside the suit.
This approach would prevent the multiplicity of proceedings and
necessitates a flexible stance towards jurisdiction in cancellation
petitions.