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CS Professional · Intellectual Property Rights - Law and Practice · Trademarks

Asha Textiles is prosecuted for an offence relating to a registered trade mark of Bharat Looms. In court, Asha pleads that the registration of Bharat Looms' mark is invalid. The court finds the plea prima facie tenable. What must the court do next under the procedure in section 113?

The court must not proceed with the charge; it adjourns the proceeding for three months from the date the plea is recorded so the accused can apply to the High Court for rectification of the register on the ground that the registration is invalid.

  1. AAcquit Asha at once because the registration has been challenged
  2. BProceed with the trial as if the registration were valid
  3. CAdjourn the proceeding for three months from the date the plea is recorded so Asha can apply to the High Court for rectificationCorrect
  4. DTransfer the criminal case to the Registrar to decide validity

Explanation

Under section 113(1)(a), if the plea of invalidity is prima facie tenable the court does not proceed with the charge but adjourns for three months from the date the plea is recorded, so the accused can apply to the High Court for rectification. Proceeding as if valid happens only if the accused fails to apply in time.

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