Section 134 of TMA : Section 134: Suit For Infringement, Etc, To Be Instituted Before District Court

Explanation using Example

Let's consider a hypothetical scenario to understand this better. Imagine that Mr. A owns a registered trademark for his clothing line 'Brand X'. Mr. B starts a similar clothing line and uses a logo deceptively similar to 'Brand X', infringing on Mr. A's registered trademark rights. According to Section 134 of The Trade Marks Act, 1999:

• Mr. A can file a suit against Mr. B for trademark infringement, but this suit cannot be filed in any court inferior to a District Court.
• The District Court having jurisdiction in this case would be the one where Mr. A, the person instituting the suit, resides or carries on his business. This holds true even if there are other parties involved.
• It's important to note that the term "person" here includes both the registered proprietor (Mr. A in this case) and the registered user.