law: Trade Marks Act, 1999  
  113. Procedure where invalidity of
  
  registration is pleaded by the accused  .- 
  (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 in invalid, the
  
  following shall be followed:- 
  (a) If the court is
  
  satisfied that such defense 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 in 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.
  (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 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.