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SENTHILKUMAR RAMAMOORTHY
Nalli Sambbasivam – Appellant
Versus
Nalli Chinnasami Chetty – Respondent
JUDGMENT
(Common Prayer: Transfer Original Petition (Trade Marks) filed under Section 47, 57, 125 of the Trade Marks Act, 1999 and Rule 92 of the Trade Marks Rules, 2002 prays (a) that the present Application for rectification of the impugned trade mark “Nalli” may be allowed and the registration of the trade mark “Nalli” under number Nos.472754 & 903811 in class 24 and class 25 may be cancelled and entry relating thereto may be altogether removed from the Registrar of Trade Marks; (b) In the alternative to prayer (1), the Hon'ble Court may be pleased to limit and/or quality the trademark registration nos.472754 & 903811 in class 24 and class 25, with a disclaimer that the Respondents do not have any exclusive right over the word “Nalli” and the Petitioner is also entitled to use the mark “Nalli”; (c) the costs of these proceedings be awarded to the Applicant.)
Common Order
1. In both these rectification petitions, the first respondent raised an objection to the maintainability of the petitions. Such objection was raised on the ground that a suit for infringement was filed earlier by the first respondent against the petitioner herein in relation to Trade Mark Nos.472754 and 903811, wh
The right to cancel a trademark under Section 57 of the Trade Marks Act is independent of ongoing infringement suits and remains available for invocation regardless of related Section 124 implication....
In a case where issue of invalidity is raised or arises independent of a suit, prescribed statutory authority will be sole authority to deal with matter.
The validity of registration of the trademark should be decided first in the rectification petition before the infringement action is decided, and the procedure can be tailored to meet the specific r....
Section 124 of the Trade Marks Act mandates automatic stay of infringement proceedings when rectification is pending, and does not apply to passing-off claims.
The court ruled that a suit not questioning trademark validity and filed solely for injunction does not invoke stay under Section 124 of the Trade Marks Act, 1999, emphasizing mandatory issue framing....
The trial court must assess only the prima facie tenability of claims regarding trademark validity under Section 124, without delving into the merits of those claims.
The court established that under Section 124 of the Trade Marks Act, 1999, a civil suit must be stayed if a rectification application regarding trademark validity is pending.
A trademark rectification petition is not maintainable if the validity is contested in a prior ongoing suit, as per the Trade Marks Act, 1999.
The court emphasized that the validity of a trademark must be resolved by the Tribunal, and interim relief can be considered despite the challenge pending resolution of validity.
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