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Consideration of Section 111, Section 46 and Section 48 of the Trade & Merchandise Marks Act 1958

By Anoop Singh

Published In

Air 1988

Section 111 of the Trade & Merchan dise Marks Act 1958 reads as below "Stay of proceedings where the validity of registration of the trade mark is questioned etc. Where in any suit for the infringement of a trade mark  the defendant pleads that the registration of the plaintiffs trade mark is invalid; or the defendant raises a defence under cl. (d) sub-section (1) of S. 30 and the plaintiff pleads the invalidity of the registration of the defendant's trade mark; the court trying the suit (hereinafter referred to as the court), shall  if any proceedings for rectification of the register in relation to the plaintiff's or defendant's trade mark are pending before, the Registrar of High Court, stay the suit pending the final disposal of such proceedings; if no such proceedings are pending and the court ....

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