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plea of invalidity and correspondingly interested in its rectification in the suit. It is also emphasized that the further autonomy ... allowed, entails further stay of proceedings in the suit until rectification application is decided. Secondly, failure to avail the opportunity
Delhi High Court
- Cites 55 - Cited by 0 - Full Document
allowed, entails further stay of proceedings in the suit until rectification application is decided. Secondly failure to avail the opportunity ... whether the applicant was entitled to file this rectification application, pending suit before the Delhi High Court. We have perused
Gujarat High Court
- Cites 16 - Cited by 13 - Full Document
would give, therefore, as a result of the suit for rectification, would be a reformed document, viz. the original sale ... that purpose, nor is there a cross suit for rectification; but as a Court guided by the principles of justice
Bombay High Court
- Cites 16 - Cited by 3 - Full Document
before the institution of the suit, the IPAB was already seized of the rectification proceedings, the court shall have ... time of institution of the suit on 12.05.2014, no rectification proceedings were pending. In fact, after the defendant was served
Punjab-Haryana High Court
- Cites 63 - Cited by 0 - Full Document
During the pendency of the present suit, the plaintiffs also filed a rectification application first before the Registrar and thereafter ... Trademarks Act, as when a suit is pending rectification application lies before the Intellectual Property Board and realizing his mistake
Delhi High Court
- Cites 45 - Cited by 32 - Full Document
trial of the suit shall stand stayed until the final disposal of the rectification proceedings. (3) If no such application ... Section 124(b) if the application for rectification is already pending the suit can be stayed pending final disposal
Delhi High Court
- Cites 30 - Cited by 9 - Full Document
take objection in these proceedings that the second rectification, Suit No. 163 of 1954, was barred by Section ... urged that the decree passed in the second rectification suit was not operative or binding because the subject-matter
Allahabad High Court
- Cites 12 - Cited by 3 - Full Document
application for rectification is already pending the suit can be stayed pending final disposal of such proceedings. In case ... stay the further proceedings of the suit until disposal of the rectification proceeding. At the same time, if no such
Delhi High Court
- Cites 11 - Cited by 0 - Full Document
further proceedings in the present suit till the disposal of the rectification petition which is already pending before ... when after the institution of the suit, if an application for rectification is to be filed, prima facie invalidity
Delhi High Court
- Cites 21 - Cited by 0 - Full Document
date of suit or the date of rectification proceedings, the evidence on record indicates that the trade marks were distinctive ... manufactured by it. The two applications for rectification arose out of suits filed in the District Court, Lucknow
Supreme Court of India
- Cites 27 - Cited by 70 - Full Document
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