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
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
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
institution of a rectification application without the suit court framing an
issue concerning the validity of PPL's trademarks.
1.2. In reaching this conclusion ... Court. The suit was withdrawn by PPL
on 22.10.2021, with the liberty to file a fresh suit. RIPL had filed its
rectification applications under Section
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
6427 before IPAB, for rectification of
Trademark no.1093578. Therefore, both rectification
applications were filed during pendency of suit.
6. After service of suit summons ... apply for rectification. Section 124 (2) of TM
Act, provides that, in case, filing of application for rectification
is filed, then suit would remain stayed
