CS Professional · Intellectual Property Rights - Law and Practice · Geographical Indications
In a GI infringement suit, the defendant was given three months to seek rectification of the plaintiff's registration but made no application in that time and obtained no extension from the court. What is the legal consequence?
The validity issue is deemed abandoned, and the court proceeds with the suit on the other issues. Failure to apply for rectification within three months, or any extended time the court allows, does not cancel the registration or lead to a fresh adjournment.
- AThe issue of validity is deemed abandoned and the court proceeds with the other issuesCorrect
- BThe registration is automatically cancelled
- CThe suit stays until the Registrar acts on his own
- DThe court must frame the validity issue again and grant another three months
Explanation
Section 57(3) provides that if no rectification application is made within the specified time or any extended time allowed by the court, the issue of validity is deemed abandoned. The court then proceeds with the remaining issues. Nothing in the section cancels the registration or compels a fresh adjournment.
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