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.