law: Trade Marks Act, 1999  
  125. Application for rectification of register
  
  to be made to Appellate Board in certain cases. –
  (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 defense under clause (e) of sub-section (3) 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 of the rectification of
  
  the register and, notwithstanding anything contained in section 47 or section
  
  57, such application shall be made to the Appellate Board and not to the
  
  Registrar.
  (2) Subject to the provisions of sub-section
  
  91), 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 Appellate Board.