Section 125

125. Application for rectification of register to be made to Appellate Board in certain cases.-

(1) Where in a suit for infringement of a registered trademark the validity of the registration of the plaintiff’s trademark is questioned by the defendant or wherein any such suit the defendant raises a defence under clause (e) of sub-section (2) of section 30 and the plaintiff questions the validity of the registration of the defendant’s trademark, the issue as to the validity of the registration of the trademark concerned shall be determined only on an application for the rectification of the register and, notwithstanding anything contained in section 47 or section 57, such application shall be made to the Appellate Board and not the Registrar.

(2) Subject to the provisions of sub-section (1), where an application for rectification of the register is made to the Registrar under section 47 or section 57, the Registrar may, if he thinks fit, refer the application at any stage of the proceedings to the Appellate Board.