Central Government Act
Section 113(1) in The Trade Marks Act, 1999
(1) Where the offence charged under section 103 or section 104 or section 105 is in relation to a registered trade mark and the following procedure shall be followed:- accused pleads that the registration of the trade m rk is invalid, the
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 ap lication before the Appellate Board under this Act, for the rectification of the register on the ground that the registration is invalid.
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 f such application for rectification.
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 val d.