Skip to content

CS Executive · Economic, Commercial and Intellectual Property Laws · Law relating to Trade Marks

Vikram is prosecuted for infringing registered mark 'ZENITH'. He pleads that the registration is invalid, and the court finds the defence prima facie tenable. What must the court do under the Act?

The court must not proceed with the charge but must adjourn 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. If he applies in time, the prosecution stays until disposal.

  1. AConvict him since registration is conclusive
  2. BProceed with the charge but ignore the plea
  3. CAdjourn the proceeding for three months to let him apply to the High Court for rectificationCorrect
  4. DRefer the matter to the Registrar to decide invalidity within one month

Explanation

Section 113(1)(a) requires the court, if the defence is prima facie tenable, not to proceed with the charge but to adjourn for three months from recording the plea so the accused can apply to the High Court for rectification. If he applies in time, proceedings are stayed; if not, the court proceeds as if registration were valid.

Did you get it right without looking?

One question tells you little. A timed set on Law relating to Trade Marks shows your real accuracy, how long you take and where you lose marks.

Practise Law relating to Trade MarksFree diagnostic mock

More Law relating to Trade Marks questions