Lawgist134Suit for infringement, etc., to be instituted before District Court
(1) No suit--
(a) for the infringement of a registered trade mark; or
(b) relating to any right in a registered trade mark; or
(c) for passing off arising out of the use by the defendant of any trade mark which is identical with or deceptively similar to the plaintiff's trade mark, whether registered or unregistered,
shall be instituted in any court inferior to a District Court having jurisdiction to try the suit.
(2) For the purpose of clauses (a) and (b) of sub-section (1), a "District Court having jurisdiction" shall, notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908) or any other law for the time being in force, include a District Court within the local limits of whose jurisdiction, at the time of the institution of the suit or other proceeding, the person instituting the suit or proceeding, or, where there are more than one such persons any of them, actually and voluntarily resides or carries on business or personally works for gain.
Explanation.--For the purposes of sub-section (2), "person" includes the registered proprietor and the registered user.
Download our fully-offline, High speed android app.- Click here
- 122 Protection of action taken in good faith
- 123 Certain persons to be public servants
- 124 Stay of proceedings where the validity of registration of the trade mark is questioned, etc
- 125 Application for rectification of register to be made to Appellate Board in certain cases
- 126 Implied warranty on sale of marked goods
- 127 Powers of Registrar
- 128 Exercise of discretionary power by Registrar
- 129 Evidence before Registrar
- 130 Death of party to a proceeding
- 131 Extension of time
- 132 Abandonment
- 133 Preliminary advice by the Registrar as to distinctiveness
- 134 Suit for infringement, etc., to be instituted before District Court
- 135 Relief in suits for infringement or for passing off
- 136 Registered user to be impleaded in certain proceedings
- 137 Evidence of entries in register, etc., and things done by the Registrar
- 138 Registrar and other officers not compellable to produce register, etc
- 139 Power to require goods to show indication of origin
- 140 Power to require information of imported goods bearing false trade marks
- 141 Certificate of validity
- 142 Groundless threats of legal proceedings
- 143 Address for service
- 144 Trade usages, etc., to be taken into consideration
- 145 Agents
- 146 Marks registered by an agent or representative without authority
- 147 Indexes
- 148 Documents open to public inspection
- 149 Reports of Registrar to be placed before Parliament
- 150 Fees and surcharge
- 151 Savings in respect of certain matters in Chapter XII
- 152 Declaration as to ownership of trade mark not registrable under the Registration Act, 1908
- 153 Government to be bound
- 154 Special provisions relating to applications for registration from citizens of convention countries
- 155 Provision as to reciprocity
- 156 Power of Central Government to remove difficulties
- 157 Power to make rules
- 158 Amendments
- 159 Repeal and savings
