Trade Marks Act, 1999

Section - 124 - Stay of proceedings where the validity of registration of the trade mark is questioned, etc.

Stay of proceedings where the validity of registration of the trade mark is questioned, etc.

124. (1) Where in any suit for infringement of a trade mark-

(a)-the defendant pleads that registration of the plaintiff's trade mark is invalid, or
(b)-the defendant raises a defence under clause (e) of sub-section (2) of section 30 and the plaintiff pleads the invalidity of registration of the defendant's trade mark,
the court trying the suit (hereinafter referred to as the court), shall,-

(i)-if any proceedings for rectification of the register in relation to the plain- tiffs or defendant's trade mark are pending before the Registrar or the [High Court], stay the suit pending the final disposal of such proceedings;
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