suit or if framed has not been
pursued by the party concerned in the suit by
filing an application to the High Court for
rectification ... suit:
"31. ..... However, in a situation where a suit is
pending (whether instituted before or after the
filing of a rectification application) the exercise
adverse possession and another relating
to the limitation to file a suit for rectification of the sale
deed are to be framed.
10
11. Since ... Court and the First Appellate
Court are justified in decreeing the suit for rectification
of the sale deed despite the suit being filed beyond
issued a Notice and has also filed Rectification
Application prior to filing of the Suit. She has also
submitted that the plaintiff is prior user ... Defendant's mark, the
Court trying the suit shall, if any proceedings for
rectification of the Register in relation to the Plaintiff or
Defendant
submitted that in the facts of the present suit, before the suit is stayed,
injunction under Section 124(5) of the T.M. Act ought ... that in the present matter, before the
filing of the suit, an application for rectification/cancellation has already
been filed by the plaintiff on 16th
trade mark then the Court trying the suit shall even
if any proceedings for rectification of the register in relation to
Signature Not Verified
Signed ... there being thus no infringement, such suit has to be stayed
awaiting the rectification proceedings and (C) the court is
empowered in such case
Supreme Court observed that where, during the pendency of a suit,
a rectification application is filed, the application can be pursued only upon
a finding ... under Section 21 of the Act. Therefore, now
the suit as well as the rectification applications have to be decided by one
authority alone
filed before the
filing of a suit or even thereafter. Where a suit is filed without a
rectification application pending, and a dispute is raised ... Board (now IP Division of
the High Court) for rectification of the Register. The suit will be then
stayed. Where such rectification application is pending
date of filing of the
suit on 12.07.2021. It is settled law that filing of a rectification petition
does not take away the right ... pleaded that at the time of filing of the suit, rectification was not
served upon it.
37. The learned Trial Court has rightly held that
technical defects with effect from
the date of institution of the suit, the rectification
cannot be treated as the addition of a new party ... technical defects with effect from the date of
institution of the suit. The rectification cannot
be treated as the addition of a new party
praying for
a stay of the present Suit till the rectification application, being
ORA/24/2019/TM/CHN, filed by the defendant is decided ... Trademark it is stayed till the final
decision of the pending rectification; the suit filed by
the plaintiff for 'passing off', however, shall
