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

Prakash, who carries on business in Pune, owns a registered trade mark and wishes to sue Deccan Garments, based in Indore, for infringement. Under section 134, where may he institute the suit?

Prakash may sue in a District Court, which includes the District Court within whose limits he actually and voluntarily resides or carries on business or personally works for gain, here Pune. Courts inferior to a District Court cannot try the suit, and the defendant's location is not the only option.

  1. AOnly in the District Court at Indore, where the defendant is located
  2. BIn a District Court, including the one within whose limits Prakash actually and voluntarily resides or carries on business or personally works for gainCorrect
  3. COnly before the Registrar of Trade Marks
  4. DIn any Civil Judge court inferior to a District Court

Explanation

Section 134(1) bars suits for infringement of a registered mark in any court inferior to a District Court. Section 134(2) extends the District Court having jurisdiction to include the one where the person instituting the suit actually and voluntarily resides, carries on business or personally works for gain, notwithstanding the Code of Civil Procedure.

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