No prior permission of Court required for filing rectification petition before the IPAB during the pendency of an infringement suit: Delhi HC

In a recent ruling, a Full Bench of Delhi High Court has held that prior permission of the Court is not necessary under Section 124 of the Trade Marks Act, 1999 for filing a rectification petition before the IPAB, during the pendency of an infringement suit.The Bench, comprising Justice S. Ravindra Bhat, Justice Vipin Sanghi and Justice Najmi Waziri observed that that the Court. In a recent ruling, a Full Bench of Delhi High Court has held that prior permission of the Court is not necessary under Section 124 of the Trade Marks Act, 1999 for filing a rectification petition before the IPAB, during the pendency of an infringement suit. The defendant had relied on Section 124 and stated that the provision itself mandates textually that wherever a suit with respect to trademark enforcement is filed first, and no rectification proceedings are pending, satisfaction of the Court with regard to prima facie tenability of the trademark validity plea is a condition precedent to the party setting-up the plea or agitating it by approaching the IPAB. Infosys had in turn argued that the interpretation accorded to Section 124 would show that the prima facie view of the Court in regard to tenability of a trademark invalidity plea is not to enable it to move the IPAB for rectification of a registered trademark during pendency of the suit, but only for the purpose of seeking stay of the suit.