Section 113 of TMA : Section 113: Procedure Where Invalidity Of Registration Is Pleaded By The Accused

Explanation using Example

Let's consider a hypothetical example: John owns a company that sells shoes under the registered trademark "QuickFeet". Peter starts a business and begins selling shoes under the same name "QuickFeet". John discovers this and charges Peter under Section 103 of the Trade Marks Act, 1999 for using his registered trademark.

Peter, however, pleads that John's registration of the trademark is invalid because it was already in use by a different company in another country before John registered it. The court finds Peter's defence prima facie tenable. As per Section 113(1)(a), the court adjourns ...

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