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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
NEERAJ TIWARI
Sterling Irrigations – Appellant
Versus
Bharat Industries – Respondent
| Table of Content |
|---|
| 1. hearing and setting of the case (Para 1 , 2 , 3) |
| 2. background of trademark case filed (Para 4) |
| 3. arguments related to nature of suit (Para 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 4. rebuttal to respondent's arguments (Para 12) |
| 5. interpretation of statutory provisions (Para 13 , 14 , 15 , 16 , 17) |
| 6. nature of suit determined by the relief sought (Para 18 , 19 , 20 , 21) |
| 7. framing of issues in trademark litigation (Para 22 , 23 , 24) |
| 8. improper filing of rectification applications (Para 25 , 26 , 27 , 28) |
| 9. high court's authority concerning trademark rectification (Para 29 , 30 , 31) |
| 10. quashing of impugned order (Para 32) |
| 11. final decision and costs (Para 33) |
JUDGMENT :
Neeraj Tiwari, J.
1. Heard Sri Prateek Kumar, learned counsel for the petitioners and Ms. Chhaya Gupta, learned counsel for the respondent.
2. Present petition has been filed for setting aside the impugned order dated 6.5.2024 passed by the learned Commercial Court No.2, Agra in Original Suit No. 04 of 2015 ( M/s. Bharat Industries vs. M/s Sterling Irrigation and others )
3. Pleadings are exchanged between the parties. With the consent of parties, writ petition is being decided at the admission stage itself.
4. B
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 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.
The trial court must only record prima facie satisfaction regarding the invalidity of a trademark under Section 124 of the Trademarks Act without detailed evaluation of evidence.
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 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.
Trademark rectification petitions require a triable issue on validity to proceed; without this, claims are not maintainable under the Trade Marks Act, 1999.
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....
A plea regarding the invalidity of a trademark registration can be raised in a counter affidavit and is not restricted to a written statement under Section 124 of the Trademarks Act.
The Court has the inherent power to transfer rectification proceedings and consolidate trademark infringement and rectification proceedings for an effective resolution of disputes.
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