invalid and initiates
proceedings for rectification. Such rectification
petition may be filed prior or subsequent to the
suit. If the rectification petition is filed subsequent ... filed a suit against the first respondent and both the suits are
still pending before the Additional District Court, PHC, Delhi. The
rectification petition involved
trademark is invalid and a rectification petition was filed.
Although both the rectification petition and the suit are pending
before this Court, learned counsel contends ... invalid and initiates proceedings for rectification. Such rectification
petition may be filed prior or subsequent to the suit. If the
rectification petition is filed subsequent
that the suit may be decreed.
4. The first defendant is the contesting defendant, and his case Was that the suit for rectification ... being a suit in ejectment, the plaintiff has not established his possession within 12 years of suit. In the result, the suit was dismissed
consistency, is it not
proper to consolidate both the infringement suit and the rectification
application together and render a single decision adjudicating both the
claims ... rectification application was filed by
the plaintiffs seeking rectification of the defendants' registered trademark
prior to the filing of this infringement suit. Under Section
suit for infringement of trade mark, if the court trying the suit finds that any proceeding for rectification of the register in relation of plaintiff ... when the suit is filed and a party to the infringement suit, wishes to challenge it after the filing of the suit
suit for infringement of trade mark, if the court trying the suit finds that any proceeding for rectification of the register in relation of plaintiff ... when the suit is filed and a party to the infringement suit, wishes to challenge it after the filing of the suit
that the suit may be decreed.
4. The first defendant is the contesting defendant, and his case was that the suit for rectification ... being a suit in ejectment, the plaintiff has not established his possession within 12 years of suit. In the result, the suit was dismissed
review petitions before the Appellate Board, (iv) rectification petition, (v) petition for prosecution (vi) civil suit and (vii) proceedings under Article ... defendants mark itself was questioned in the said suit, the application for rectification was made entertainable, only by the High Court under Section
objections were (1) that the petition was incompetent because a suit for rectification was the only remedy open to the petitioners in the circumstances ... amendment or were bound to resort to a suit for rectification, or, as the learned Judge puts it, to a petition for review. In coming
that relief in regard thereto can be granted even though a suit for rectification has not been filed vide Mahadeva Aiyar v. Gopala Aiyar ... sued to have the document rectified and even though a suit for rectification is barred by limitation, nevertheless the Court is entitled to give
