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Section 125 of the Trademarks Act, 1999 not applicable to the suo moto powers of the Registrar

A division bench of of Supreme Court of India constituted by Justice Kurian Joseph and Justice F. Nariman,   while dealing with a matter related to Section 125 of the Trademarks Act, 1999 read with the suo moto powers of the Registrar under Section 57(4)  held that

Section 124 is of great importance in interpreting Section 125 of the Act.

Section 124(1) refers only to the plaintiff and defendant of a suit for infringement, and

Section 124(1)(ii) specifically refers to the “party concerned” who will apply to the Appellate Board for rectification of the register.

[Jagatjit Industries Ltd. v. Intellectual Property Appellate Board, 2016 SCC Online SC 58, decided on 20.01.2016]

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