suit to be stayed. The
stay of the suit is an inexorable legislative consequence to the filing of
the rectification petition.
6.7 Thirdly, the legislature ... rectification petition being filed before the High Court. The decision
specifically holds that, once a rectification petition is filed, stay of the
pending suit
suit to be stayed. The
stay of the suit is an inexorable legislative consequence to the filing of
the rectification petition.
6.7 Thirdly, the legislature ... rectification petition being filed before the High Court. The decision
specifically holds that, once a rectification petition is filed, stay of the
pending suit
sufficient cause allow, the trial of the suit shall stand stayed until the final disposal of the rectification
proceedings.
(3) If no such application ... stipulates that the
trial of the suit shall stand stayed till the final disposal of the
rectification proceedings.
59. As such, the filing
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 ... defendant in the suit of the plaintiff, is to be decided, not by the
Court hearing the suit (hereinafter "the suit Court
suit. In that case, the Court is required under
Section 124(1)(i) to stay the suit, pending final disposal of the
rectification proceedings. Section ... misguided, as there is a
fundamental difference between an infringement suit and a
rectification application.
(v) The attention of Mr. Raichura was invited
suit. In that case, the Court is required under
Section 124(1)(i) to stay the suit, pending final disposal of the
rectification proceedings. Section ... misguided, as there is a
fundamental difference between an infringement suit and a
rectification application.
(v) The attention of Mr. Raichura was invited
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 ... pending at the time
of filing of the application for rectification or such a suit has come
to be instituted subsequent to the application
rectification
application filed by the plaintiff against the defendant's ARTISTRY
registration is pending as on the date of institution of the suit ... mark,
the court trying the suit (hereinafter referred to as the court), shall,--
(i) if any proceedings for rectification of the register in relation
Coordinate Division Bench in Raj
Kumar Prasad, in holding that a suit for infringement would lie
against a registered trademark, and that ... mark,
the court trying the suit (hereinafter referred to as the court), shall,--
(i) if any proceedings for rectification of the register in relation
further provides if no proceedings for
rectification are pending on the date of filing of the suit and the
issue of validity of the registration ... cancellation of a mark and rectification of the register
remains available, of an infringement suit has been filed by the
opposite party and the defendant
