civil Court trying the suit has to stay
the further proceedings of the suit until
disposal of the rectification proceeding. At the
same time ... pendency of the suit and the
certificate of registration was issued after filing of the suit
and Therefore, the application for rectification could
controvert that
there is no bar to institution of a suit after filing a rectification application but
contends that the "pendency of the proceedings ... plaintiff has
already, prior to the institution of the suit, applied for rectification.
5. On the third contention, reliance is placed on Formica International
creating third party rights during the pendency of the suit;
(iv) that the Rectification Deed could have been executed only
within three years ... have suffered on account of the amendment of the suit in pursuance to the
Rectification Deed.
27. The error in description appears to have occurred
CLINIQ; that
the plaintiff prior to the institution of the suit has initiated
rectification action before the Registrar. According to the plaintiff,
the plaintiff from ... defendant and for stay of the present suit till the
disposal of the rectification application.
2. As far as the application under Section
stay
of the suit.‖
15. The plaintiff, though prior to the institution of this suit had not
instituted any proceeding for rectification of the registered ... being in issue in this suit, the case for staying proceedings in
this suit, instituted prior to initiating the rectification proceedings, would
not arise
stay/adjournment of proceedings in the suit till the time the
rectification application being ORA/119/2013/TM/KOL filed by plaintiff
before IPAB ... plaintiff, for having applied to the
IPAB for rectification, after the institution of this suit and without seeking
CS(OS) 3534/2012 Page
suit or if framed has not been pursued by the
concerned party in the suit by filing an application to
the High Court for rectification ... approach the IPAB for rectification, the plea with regard to
rectification will no longer survive;
(xi) the jurisdiction of rectification conferred by Sections
penalty. The party to the document liable for stamp duty filed a
suit against the other party to the document, for declaration that
the document ... rectification of the document to truly reflect its intent. The suit
was decided, directing rectification of the document. The
outcome of the suit was reported
plaintiffs/applicants, after institution of the suit, could not
have instituted the Rectification Petition before the IPAB without seeking
permission of this Court and which ... obtained of
the Court before approaching the IPAB for rectification, even if a suit has
been pending since prior thereto.
15. I have drawn attention
relief of delivery and rendition of
accounts, was filed.
4. Though the suit was accompanied with the application aforesaid for
interim relief ... that the appellants / defendants, after the notice of the suit, had
already sought rectification of the registration of the trademark
―ALLROUND‖ in favour
