Chapter XIII - Miscellaneous
Section 125
Section 125: High Court forum for suit-related rectification
Where registration validity is challenged in the specified infringement-suit situations, the rectification application must go to the High Court, not the Registrar.
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Need advice on Section 125?
This article is for general information. Refer to the Trade Marks Act, 1999 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.
Statutory text
Bare law
(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 High Court and not to 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 High Court.
Rule and business relevance
This special forum rule operates notwithstanding sections 47 and 57. Outside that mandatory situation and subject to subsection (1), the Registrar may refer a rectification application to the High Court at any stage.
Limits and related provisions
Do not assume every rectification application has the same forum or file the suit-related application with the Registrar merely because section 57 generally mentions that office. Coordinate with section 124.
Hypothetical business example
Hypothetical example: A plaintiff disputes the defendant’s registration after a section 30(2)(e) defence. The relevant rectification issue is taken through the High Court route prescribed here.
Practical decision flow
Identify the suit and the exact validity challenge.
Determine whether subsection (1) makes the High Court route mandatory.
Follow section 124 and the applicable High Court procedure.
Applying the Act and current procedure
Read the statutory rule together with the applicable Trade Marks Rules, current Registry directions and the facts of the particular mark. Forms, fees and procedural requirements should be checked against their current official source before filing.
Practical checklist
Do
- Identify the suit and the exact validity challenge.
- Determine whether subsection (1) makes the High Court route mandatory.
- Follow section 124 and the applicable High Court procedure.
Avoid
- Do not assume every rectification application has the same forum or file the suit-related application with the Registrar merely because section 57 generally mentions that office. Coordinate with section 124.
Glossary
- Mandatory forum
- The High Court route required for the specified suit-related cases.
- Registrar reference
- The discretionary transfer mechanism in subsection (2).
Frequently asked questions
Can the Registrar determine the subsection (1) application?
The provision requires it to be made to the High Court, not the Registrar.
Does the Registrar ever refer other rectification matters?
Subsection (2) permits a reference subject to subsection (1).
Which connected section governs the suit stay?
Section 124 supplies the related stay and filing framework.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026