Section 124 of TMA : Section 124: Stay Of Proceedings Where The Validity Of Registration Of The Trade Mark Is Questioned, Etc

TMA

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Explanation using Example

Let's consider a hypothetical scenario. A company named "TechTree" has a registered trademark for its logo. Another company, "InnoTech", starts using a logo very similar to TechTree's. TechTree files a suit against InnoTech for infringing their trademark.

In the court, InnoTech defends itself by claiming that the registration of TechTree's trademark is invalid due to some procedural irregularities during its registration. This falls under Section 124(1)(a) of The Trade Marks Act, 1999.

In response, the court checks if there are any pending proceedings for rectification of TechTree's trademark. If there are, the court will stay the ...

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