Opportunity given to seek Invalidity of registration in Infringement Suit

In trademark infringement suits, the plaintiff is often faced with the challenge to overturn the defence of an existing registration in the defendant’s name. In such cases, the plaintiff is required to raise a plea of invalidity of the defendant’s registration so that an issue can be framed by the court on the same. Once such an issue is framed, it enables the plaintiff to pursue cancellation proceedings against the defendant’s registration.

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Article by Manisha Singh and Dheeraj Kapoor, 1st published on Lexology.