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Chapter XIII - Miscellaneous

Section 134

Section 134: Court level and jurisdiction for trade mark suits

The specified infringement, registered-rights and passing-off suits cannot be filed below a District Court having jurisdiction.

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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.

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Statutory text

Bare law

(1) No suit—

(a) for the infringement of a registered trade mark; or

(b) relating to any right in a registered trade mark; or

(c) for passing off arising out of the use by the defendant of any trade mark which is identical with or deceptively similar to the plaintiff’s trade mark, whether registered or unregistered, shall be instituted in any court inferior to a District Court having jurisdiction to try the suit.

(2) For the purpose of clauses (a) and (b) of sub-section (1), a “District Court having jurisdiction” shall, notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908) or any other law for the time being in force, include a District Court within the local limits of whose jurisdiction, at the time of the institution of the suit or other proceeding, the person instituting the suit or proceeding, or, where there are more than one such persons any of them, actually and voluntarily resides or carries on business or personally works for gain.

Explanation.—For the purposes of sub-section (2), “person” includes the registered proprietor and the registered user.

Rule and business relevance

Subsection (2) supplies an additional plaintiff-location jurisdiction rule for clauses (a) and(b), including the registered proprietor and registered user. It does not extend that special rule to clause (c) merely because a claim is passing off.

Limits and related provisions

Choose the forum using the applicable territorial and subject-matter rules and current judicial interpretation. A business address alone does not settle every forum question, and combined claims need careful assessment.

Hypothetical business example

Hypothetical example: A business plans infringement and passing-off claims. It distinguishes the statutory extra forum for registered-rights claims from the jurisdiction basis needed for passing off.

Practical decision flow

Classify the proposed claim under subsection (1).

Check the minimum court level and all applicable jurisdiction requirements.

Apply the special plaintiff-location rule only within its stated scope.

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

  • Classify the proposed claim under subsection (1).
  • Check the minimum court level and all applicable jurisdiction requirements.
  • Apply the special plaintiff-location rule only within its stated scope.

Avoid

  • Choose the forum using the applicable territorial and subject-matter rules and current judicial interpretation. A business address alone does not settle every forum question, and combined claims need careful assessment.

Glossary

District Court floor
The minimum court level prescribed for the listed suits.
Special territorial rule
The subsection (2) rule expressly confined to clauses (a) and(b).

Frequently asked questions

Does the special plaintiff-location rule automatically cover passing off?

No. Subsection (2) specifies clauses (a) and(b).

Can an unregistered mark support the listed passing-off category?

Clause (c) expressly refers to registered or unregistered marks.

Does the explanation include a registered user?

Yes, for subsection (2).

Need help applying this provision to your situation?

Contact Bizeneed

Last updated 10 October 2026