Laws and Bare Acts of India at MyNation.net

MyNation Foundation Online Law Library

Section 107 – The Trade and Merchandise Marks Act,1958

The Trade and Merchandise Marks Act,1958

Section 107. Application for rectification op register to be made to high court in certain cases

(1) Where in a suit for infringement of a registered trade mark the validity of the registration of the plaintiff s trade mark is questioned by the defendant or where in any such suit the defendant raises a defence under Cl. (d) of sub-section (1) of Sec. 30 and the plaintiff questions the validity of the registration of the defendants trade mark, the issue as to the validity of the registration of the trade mark concerned shall be determined only on an application for the rectification of the register, and not-withstanding anything contain in Sec. 46, sub-section (4) of Sec. 47 or Sec. 56, such application shall be made to the High Court and not to the Registrar.

(2) Subject to the provisions of subsection (1) where an application for rectification of the register made to the Registrar under Sec. 46 or sub-section (4) of Sec. 47 or Sec. 56, the Registrar may, if he thinks fit, refer the application at any stage of the proceeding to the High Court.

Previous | Next

The Trade and Merchandise Marks Act,1958

Indian Laws – Bare Acts

MyNation

Leave a Reply

Your email address will not be published.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

Copyright © 2020 Laws and Bare Acts of India at MyNation.net
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Section 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation