In a suit for infringement of a trade mark, which provision of the Trade Marks Act, 1999 allows the…
Section 134(2) provides this additional territorial forum for infringement of a registered trade mark. It includes the District Court where the plaintiff actually and…
Choose your answer
In a suit for infringement of a trade mark, which provision of the Trade Marks Act, 1999 allows the plaintiff to institute the suit at the place where the plaintiff resides or carries on business, notwithstanding the defendant’s place of residence?
Answer and explanation
Correct answer A
Section 134(2) provides this additional territorial forum for infringement of a registered trade mark. It includes the District Court where the plaintiff actually and voluntarily resides, carries on business or personally works for gain when the suit begins. This supplements the ordinary jurisdiction rules; the subsection’s special forum applies to registered-mark claims rather than automatically to every passing-off claim.
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