Supreme Court DecisionsSection 125 of the Trademarks Act, 1999 not applicable to the suo moto powers of the Registrar

January 30, 20160

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]

 

 

Leave a Reply

Your email address will not be published. Required fields are marked *

© 2020-21 AMLEGALS Law Firm in Ahmedabad, Mumbai, Kolkata, New Delhi, Bengaluru for IBC, GST, Arbitration, Contract, Due Diligence, Corporate Laws, IPR, White Collar Crime, Litigation & Startup Advisory, Legal Advisory.

 

Disclaimer & Confirmation As per the rules of the Bar Council of India, law firms are not permitted to solicit work and advertise. By clicking on the “I AGREE” button below, user acknowledges the following:
    • there has been no advertisements, personal communication, solicitation, invitation or inducement of any sort whatsoever from us or any of our members to solicit any work through this website;
    • user wishes to gain more information about AMLEGALS and its attorneys for his/her own information and use;
  • the information about us is provided to the user on his/her specific request and any information obtained or materials downloaded from this website is completely at their own volition and any transmission, receipt or use of this site does not create any lawyer-client relationship; and that
  • We are not responsible for any reliance that a user places on such information and shall not be liable for any loss or damage caused due to any inaccuracy in or exclusion of any information, or its interpretation thereof.
However, the user is advised to confirm the veracity of the same from independent and expert sources.