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September 29, 2023

Legal Issues Seminar-General IP (LIS-GIP) On ‘Can A Registered Trademark Be Presumed As Invalid At The Interlocutory Stage Of A Suit During Pendency Of Rectification Proceedings?’

Featuring: Anurathna Mathivanan

A ‘Legal Issues Seminar- General IP’ (LIS-GIP) was conducted by Anurathna Mathivanan, Associate, on “Can a Registered Trademark be presumed as invalid at the Interlocutory Stage of a Suit during pendency of Rectification Proceedings?”. The seminar explored the relevant provisions of the Trade Marks Act, 1999, which gives powers to the Court to pass an interlocutory order when the validity of the registration of mark is in question. The session delved into the various judicial decisions that have previously considered passing interlocutory order restraining use of a registered mark where there has been no final determination on the validity of the registration. The seminar focused on decisions where Courts have considered the threshold of determination for a ‘prima facie tenability’ of a challenge to validity of registration, and whether the court can, on a prima facie determination of material on record, pass an interlocutory order assuming that the invalidity of the registered mark. The session concluded with a discussion into the scope of determination of ‘prima facie tenability’ of a challenge to validity of a registered trademark.

The presentation can be accessed here.

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