Procedure where invalidity of registration is pleaded by the accused
Section 113 of the Trade Marks Act, 1999 deals with procedure where invalidity of registration is pleaded by the accused. Where the offence charged under section 103 or section 104 or section 105 is in relation to a registered trade mark and the accused pleads that the registration of the trade mark is invalid, the following procedure shall be followed:-- (a) If the court is satisfied that such defence is prima facie t The Act came into force on 15 Sep 2003.
(1) Where the offence charged under section 103 or section 104 or section 105 is in relation to a registered trade mark and the accused pleads that the registration of the trade mark is invalid, the following procedure shall be followed:--
(a) If the court is satisfied that such defence is prima facie tenable, it shall not proceed with the charge but shall adjourn the proceeding for three months from the date on which the plea of the accused is recorded to enable the accused to file an application before the 1[High Court] under this Act, for the rectification of the register on the ground that the registration is invalid.
(b) If the accused proves to the court that he has made such application within the time so limited or within such further time as the court may for sufficient cause allow, the further proceedings in the prosecution shall stand stayed till the disposal of such application for rectification.
(c) If within a period of three months or within such extended time as may be allowed by the court the accused fails to apply to the 1[High Court] for rectification of the register, the court shall proceed with the case as if the registration were valid.
(2) Where before the institution of a complaint of an offence referred to in sub-section (1), any application for the rectification of the register concerning the trade mark in question on the ground of invalidity of the registration thereof has already been properly made to and is pending before the 2[Registrar or the High Court, as the case may be,] the court shall stay the further proceedings in the prosecution pending the disposal of the application aforesaid and shall determine the charge against the accused in conformity with the result of the application for rectification in so far as the complainant relies upon the registration of his mark.
Section 113, The Trade Marks Act, 1999 (Act 47 of 1999).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Questions about Section 113
What does Section 113 of the Trade Marks Act deal with?
Section 113 of the Trade Marks Act is headed "Procedure where invalidity of registration is pleaded by the accused". Where the offence charged under section 103 or section 104 or section 105 is in relation to a registered trade mark and the accused pleads that the registration of the trade mark is invalid, the following procedure shall be followed:-- (a) If the court is satisfied that such defence is prima facie t
How do I find court cases under Section 113 of the Trade Marks Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Trade Marks Act 113, section 113 Trade Marks Act, section 113 of the Trade Marks Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 113 of the Trade Marks Act, and has it changed?
Its own text turns on section 103 (Penalty for applying false trade marks, trade descriptions, etc), section 104 (Penalty for selling goods or providing services to which false trade mark or false trade description is applied), section 105 (Enhanced penalty on second or subsequent conviction), so none of them can safely be read on its own.
When did Section 113 of the Trade Marks Act come into force?
Section 113 of the Trade Marks Act, cited as Trade Marks Act 113, came into force on 15 Sep 2003, having been enacted on 30 Dec 1999. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions and interpretation1911 words
- 157. Power to make rules1216 words
- 11. Relative grounds for refusal of registration985 words
- 47. Removal from register and imposition of limitations on ground of non-use716 words
- 30. Limits on effect of registered trade mark657 words
- 29. Infringement of registered trade marks651 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 18 Oct 2026. This page is not a substitute for legal advice.