While considering an application for stay of proceedings under Section 124 of the Trademarks Act, 1999 (‘Trademarks Act’), the Court held that there was no illegality in the filing of a rectification application before the Intellectual Property Appellate Board (‘IPAB’) by a party before the said party approached the Court seeking stay of suit proceedings under Section 124 and observed that the jurisdiction of the IPAB to entertain the application would always be subject to the decision by the Court in the application for stay.

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