Apex Law Journal
Apex Law Journal
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Neha Goel, Advocate

Advisory Board

S.C. Khunger, Advocate

Rohit Bansal, Advocate

Varinder Singh Kanwar, Advocate

Hittan Nehra, Advocate

Judgments on Trade Marks Act, 1999

Tuesday, August 03, 2010
Trade Marks Act, 1999

Trade Marks Act, 1999 — Section 134 — Civil Procedure Code, 1908, Section 25 — Transfer petition under Section 25 of the CPC for transfer of suits filed by the respondent-Committee in Delhi under Section 134 of the Trade Marks Act, 1999, to the City Civil Court, Chennai, Tamil Naidu — Whether maintainable? — Held, no — If the petitioners’ claim is accepted, it would open floodgates for similarly placed persons infringing registered trade marks to approach this Court to transfer their suits to the locations convenient to themselves all over India and defeat the purpose of Section 134 of the Trade Marks Act which confers a jurisdiction with respect to a registered trade mark — Since the issue relating to jurisdiction particularly whether Court at Delhi has jurisdiction or not is to be decided by the Trial Court, we are not expressing anything on the merits of their claims — Transfer petitions dismissed.

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