Marico Limited vs Agro Tech Foods Limited on 1 November, 2010
56. The Division Bench of the Delhi High Court in Marico
Limited v. Agro Tech Foods Limited (supra) has also held that
since as per Section 31 the registration is only a prima facie
evidence of the validity of the registration, it is open to the Court to
go into the question of tentative validity of the registration while
considering the application for grant of injunction. Of course, the
onus lies on the person who challenges the validity of the mark and
he will have to establish that the registration of trade mark in favour
of the proprietor thereof is prima facie or tentatively not valid.