Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1958: ss.46156 and ss.1111107 Trade and Merchandise Marks Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Trade and Merchandise Marks Act, 1958:ss. 46156 and ss.1111107 - True purport, intent and effect of- Held: All the questions with regard to validity of trade mark isrequired to be decided by High Court - Civil Court is not empoweredc by the Act to decide the said question - The Act farther mandatesthat the decisions rendered by the prescribed statutory authoritywill bind the civil COURT - However, there is different procedure togovern the exercise of same jurisdiction - Jn cases where partieshave not approached the civil court, Sections 46 and 56 provide anindependent statutory right to seek rectification of the trademark -D In the event, the civil court is approached. interalia, raising issue ofvalidity of trade mark, if the civil co11rt frames issue with regard tovalidity, matter will go to the High Court (prescribed authority)u!ss.111 and 117 and finding on the issue by the Tribunal would bebinding on the civil court - But if the civil court does .not }Ind aE triable issue on the plea of invalidity, remedy wo11ld not be to moveapplication ulss.46156 - If despite the order of civil court, partiesdo not approach the High Court within statutorily prescribed timefl'ame the right to raise the issue of invalidity is lost forever - Therequirement of satisfaction of Civil Court regarding existence ofprima facie case of invalidity and framing of issue to that effectF bejhre the law operates, to vest jurisdiction in the statutory authorityto deal with the issue of invalidity, does not tantamount topermission or leave of the civil court - Heading of s.111 cannot beunderstood to be determinative of the true purport, intent and effectof the provisions contained therein - Proceedings ulss.46156 onG one hand and the proceedings u/ss.107/ll1 on the other hand wouldnot run paralle!y. |
Judge | Honble Mr. Justice Ranjan Gogoi |
Neutral Citation | 2017 INSC 1157 |
Petitioner | Patel Field Marshal Agencies And Anr. |
Respondent | P.m. Diesels Ltd. And Anr. |
SCR | [2017] 12 S.C.R. 674 |
Judgement Date | 2017-11-29 |
Case Number | 4767- 4769 |
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