Section 113: Procedure where invalidity of registration is pleaded by the accused

Q: What does Section 113 of The Trade Marks Act, 1999 (TMA) deal with?

Section 113 TMA pertains to "Procedure where invalidity of registration is pleaded by the accused". It is part of the The Trade Marks Act, 1999, a legislation enacted by the Parliament of India. Section 113 of The Trade Marks Act, 1999 (TMA) governs procedure where invalidity of registration is pleaded by the accused. As verified on 19 May 2026.

Q: Is Section 113 TMA still in force?

Yes, Section 113 of the The Trade Marks Act, 1999 is currently in force across the Republic of India.

Q: What is धारा 113 TMA?

धारा 113 TMA is the Devanagari Hindi reference for Section 113 of the The Trade Marks Act, 1999. Section 113 of The Trade Marks Act, 1999 (TMA) governs procedure where invalidity of registration is pleaded by the accused. As verified on 19 May 2026.

Q: What is Dhara 113 TMA?

Dhara 113 TMA is the Roman Hindi reference for Section 113 of the The Trade Marks Act, 1999. "Dhara" means "Section" in Hindi. Section 113 of The Trade Marks Act, 1999 (TMA) governs procedure where invalidity of registration is pleaded by the accused. As verified on 19 May 2026.

Q: How to cite Section 113 of The Trade Marks Act, 1999?

Cite as: "Section 113, The Trade Marks Act, 1999 (TMA)" in legal briefs. For academic writing, use the BlueBook format: The Trade Marks Act, 1999, § 113 (India).

Law on Tips Editorial Board

(1)

Where the offence charged under section 103 or section 104 or section 105 is in relation to a registered trade mark and the accused pleads that the registration of the trade mark is invalid, the following procedure shall be followed:—

(a) If the court is satisfied that such defence is prima facie tenable, it shall not proceed with the charge but shall adjourn the proceeding for three months from the date on which the plea of the accused is recorded to enable the accused to file an application before the Appellate Board under this Act, for the rectification of the register on the ground that the registration is invalid.

(b) If the accused proves to the court that he has made such application within the time so limited or within such further time as the court may for sufficient cause allow, the further proceedings in the prosecution shall stand stayed till the disposal of such application for rectification.

(c) If within a period of three months or within such extended time as may be allowed by the court the accused fails to apply to the Appellate Board for rectification of the register, the court shall proceed with the case as if the registration were valid.

(2)

Where before the institution of a complaint of an offence referred to in sub-section (1), any application for the rectification of the register concerning the trade mark in question on the ground of invalidity of the registration thereof has already been properly made to and is pending before the tribunal, the court shall stay the further proceedings in the prosecution pending the disposal of the application aforesaid and shall determine the charge against the accused in conformity with the result of the application for rectification in so far as the complainant relies upon the registration of his mark.