Under section 141 of the Trade Marks Act, 1999, if the High Court in a rectification proceeding decides…
Section 141 does not bar later challenges; instead the proprietor who wins again "shall, unless the said final order or judgment for sufficient reason directs otherwise, be…
Choose your answer
Under section 141 of the Trade Marks Act, 1999, if the High Court in a rectification proceeding decides on contest in favour of the registered proprietor on validity and grants a certificate of validity, then in any later proceeding in which validity is again questioned and upheld, the proprietor
Answer and explanation
Correct answer D
Section 141 does not bar later challenges; instead the proprietor who wins again "shall, unless the said final order or judgment for sufficient reason directs otherwise, be entitled to his full cost charges and expenses as between legal practitioner and client". So the certificate is a costs incentive, not immunity. Since the Tribunals Reforms Act, 2021 the certificate is granted by the High Court instead of the Appellate Board.
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