Application for rectification of register to be made to High Court in certain cases
Section 125 of the Trade Marks Act, 1999 deals with application for rectification of register to be made to High Court in certain cases. Where in a suit for infringement of a registered trade mark the validity of the registration of the plaintiff's trade mark is questioned by the defendant or where in any such suit the defendant raises a defence under clause (e) of sub-section (2) of section 30 and the plaintiff questions the validit The Act came into force on 15 Sep 2003.
(1) Where in a suit for infringement of a registered trade mark the validity of the registration of the plaintiff's trade mark is questioned by the defendant or where in 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 trade mark, the issue as to the validity of the registration of the trade mark 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 1[High Court] 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 1[High Court].
Section 125, 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.
Made under this section, and citing it
2 instruments name this provision in its title or its text without being made under it.
Questions about Section 125
What does Section 125 of the Trade Marks Act deal with?
Section 125 of the Trade Marks Act is headed "Application for rectification of register to be made to High Court in certain cases". Where in a suit for infringement of a registered trade mark the validity of the registration of the plaintiff's trade mark is questioned by the defendant or where in any such suit the defendant raises a defence under clause (e) of sub-section (2) of section 30 and the plaintiff questions the validit
How do I find court cases under Section 125 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 125, section 125 Trade Marks Act, section 125 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 125 of the Trade Marks Act, and has it changed?
Its own text turns on section 30 (Limits on effect of registered trade mark), section 47 (Removal from register and imposition of limitations on ground of non-use), section 57 (Power to cancel or vary registration and to rectify the register), so none of them can safely be read on its own. 2 instruments name it without being made under it, most recently The Intellectual Property Appellate Board (Procedure) Rules, 2003 (2003), then The Trade Marks (Applications and appeals to the Intellectual Property Appellate Board) Rules, 2003 (2003).
When did Section 125 of the Trade Marks Act come into force?
Section 125 of the Trade Marks Act, cited as Trade Marks Act 125, 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.