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
IPAB, there
is no requirement of staying a civil suit during pendency of
the rectification petition, even where the rectification petition
is instituted under Section ... similar disputes, would thereby have the
power to consolidate the suit and rectification proceedings, and which
would remove the need for a stay
India at the time
of filing of the present suit.
IV. The rectification petitions have been filed by the defendants in
November, 2014 and therefore ... safeguard of prima facie tenability in cases where the rectification
proceedings are filed after a suit for infringement has been filed, whereas no
such safeguard
Rules barring any person
who has initiated rectification proceedings and/ or a civil suit for injunction
from bringing to the attention of the respondent ... proceedings occurring parallelly before the respondent no.1.
Therefore, any pending suit/ rectification proceeding before any forum does
not have any bearing on the validity
await the decision in the rectification petitions and the suit and the
rectifications can be clubbed together. The relevant observations in Sana
Herbals (supra ... 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
await the decision in the rectification petitions and the suit and the
rectifications can be clubbed together. The relevant observations in Sana
Herbals (supra ... 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
await the decision in the rectification petitions and the suit and the
rectifications can be clubbed together. The relevant observations in Sana
Herbals (supra ... 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
await the decision in the rectification petitions and the suit and the
rectifications can be clubbed together. The relevant observations in Sana
Herbals (supra ... 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
await the decision in the rectification petitions and the suit and the
rectifications can be clubbed together. The relevant observations in Sana
Herbals (supra ... 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
aforesaid civil suits. Since no issue in the
connected suits was framed with regard to invalidity of PSS's trademarks,
the rectification petitions ... Court Intellectual
Properties Rights Division Rules, 2021, the rectification proceedings are to
be consolidated with civil suits and decided together. Rule 26 of Delhi High
