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Section 124 Trade Marks Act 1999 deals with STAY OF PROCEEDINGS where validity of registration is QUESTIONED. The court must STAY the suit if:

Athe defendant files a written statement that he denies infringement (cf. Trade Marks Act 1999, Section 124)
Ba plea regarding invalidity of registration of the plaintiff's mark is raised and the court is satisfied that such plea is prima facie tenable
Cthe plaintiff seeks injunction in any form, irrespective of defendant's plea (cf. Trade Marks Act 1999, Section 124)
Dthe suit involves goods that are also subject to GST registration in India (cf. Trade Marks Act 1999, Section 124)
Answer & Solution
Correct answer: B. a plea regarding invalidity of registration of the plaintiff's mark is raised and the court is satisfied that such plea is prima facie tenable
1. Section 124(1) Trade Marks Act 1999: where in any suit for infringement of a trade mark — (a) the defendant pleads that the registration of the plaintiff's trade mark is invalid; OR (b) the defendant raises a defence under clause (e) of sub-section (2) of Section 30 and the plaintiff pleads the invalidity of registration of the defendant's trade mark, the court trying the suit shall — (i) if any proceedings for rectification of the register are pending before the Registrar or the High Court, stay the suit pending the final disposal of such proceedings; (ii) if no such proceedings are pending and the court is satisfied that the plea regarding the invalidity is PRIMA FACIE TENABLE, raise an issue regarding the same and adjourn the case for a period of 3 months from the date of the framing of the issue. 2. Section 124(2): if no rectification application within 3 months, plea of invalidity is deemed abandoned. 3. The Supreme Court in Patel Field Marshal Agencies v. P.M. Diesels Ltd., (2018) 2 SCC 112 clarified the abandonment rule. 4. Hence option B is correct. _Source: Patents Act 1970 / Copyright Act 1957 / Trade Marks Act 1999 (Bare Acts, IPIndia portal + Copyright Office) — Trade Marks Act 1999, Section 124_
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