M/S Bhagwan Dass Khanna Jewellers vs Bhagwan Das Khanna Jewellers Pvt … on 8 March, 2017

1. This is an appeal against an order dated 21.07.2015 passed by a learned

Single Judge of this court in I.A. No. 19187/2014 which in turn was an

application under Section 124 of the Trade Marks Act, 1999 (hereinafter referred

to as the „said Act‟) seeking stay of the suit till the time the rectification

proceedings initiated by the appellants / defendants before the Intellectual

Property Appellate Board (IPAB) with regard to the trade marks bearing

registration numbers 1166568, 1166569 and 1166570 were finally adjudicated

upon.

2. The learned Single Judge has rejected the application on the ground that

the same was barred by limitation in view of the provisions of Section 124(3) of

the said Act. It was held that no application had been made for rectification

before the IPAB within the period of three months from the date of framing of

FAO (OS) 551/2015 & FAO(OS) 67/2016 Page 2 of 21
issues and, therefore, the application was beyond time and could not be

entertained.

Source: Indian Kanoon

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