CS Professional · Intellectual Property Rights - Law and Practice · Trademarks
Meera Spices has a registered mark. Before Meera files a criminal complaint against Kiran Traders, Kiran has already properly made an application for rectification of the register on the ground of invalidity, and it is pending. What must the criminal court do under section 113(2)?
The court must stay the prosecution until the pending rectification application is decided, and then determine the charge in conformity with its result so far as the complainant relies upon the registration of her mark.
- AIgnore the pending application and try the case on the registration
- BDismiss the complaint as not maintainable
- CStay the prosecution pending disposal of the application and decide the charge in conformity with its result so far as the complainant relies on her registrationCorrect
- DAllow Kiran only three months to continue the trial
Explanation
Section 113(2) requires the court to stay further proceedings pending the application already made before institution of the complaint and to determine the charge in conformity with the result, to the extent the complainant relies on the registration. It is not dismissal and the three-month limit is for a plea raised in court.
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