Trade Marks Act, 1999

Section - 113 - Procedure where invalidity of registration is pleaded by the accused

Procedure where invalidity of registration is pleaded by the accused.

113. (1) Where the offence charged under section 103 or section 104 or section 105 is in relation to a registered trade mark and the accused pleads that the registration of the trade mark is invalid, the following procedure shall be followed :-

(a)-If the court is satisfied that such defence is prima facie tenable, it shall not proceed with the charge but shall adjourn the proceeding for three months from the date on which the plea of the accused is recorded to enable the accused to file an application before the [High Court] under this Act, for the rectification of the register on the ground that the registration is invalid.
(b)-If the accused proves to the court that he has made such application within the time so limited or within such further time as the court may for sufficient cause allow, the further proceedings in the prosecution shall stand stayed till the disposal of such application for rectification.
(c)-If within a period of three months or within .... To read the full section download the app from Google Play store