Section 125 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 125 decides where a rectification application goes when validity of a registration is questioned in an infringement suit. Sub-section (1) sends it to the High Court and not to the Registrar, notwithstanding sections 47 and 57. Sub-section (2) lets the Registrar, if he thinks fit, refer a rectification application already before him to the High Court at any stage. If you are planning one, our trademark rectification and removal service can help you choose the route.
Where, in a suit for infringement of a registered trade mark, one side questions the validity of the other's registration, that issue is to be decided only on an application for rectification of the register, and the application must be made to the High Court and not to the Registrar, despite sections 47 and 57. Separately, the Registrar may refer a rectification application made to him under section 47 or 57 to the High Court at any stage, if he thinks fit.
A note on the wording
The printed section says "Appellate Board" in sub-section (1) and in sub-section (2), and in the heading. The Tribunals Reforms Act, 2021, in clause (t) of its entry for the Trade Marks Act, substitutes "High Court" for "Appellate Board" wherever it occurs in sections 124 and 125. Before the Tribunals Reforms Act, 2021 this read "Appellate Board". The current wording is used below.
Sub-section (1): the High Court, not the Registrar
The text: "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 defence under clause (e) of sub-section (2) 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 for the rectification of the register and, notwithstanding anything contained in Section 47 or Section 57, such application shall be made to the High Court and not to the Registrar."
| Element | Text |
|---|---|
| Setting | A suit for infringement of a registered trade mark |
| Trigger (a) | The defendant questions the validity of the plaintiff's registration |
| Trigger (b) | The defendant raises a defence under section 30(2)(e) and the plaintiff questions the validity of the defendant's registration |
| How validity is decided | Only on an application for rectification of the register |
| Where | The High Court, "and not to the Registrar" |
| Override | "Notwithstanding anything contained in Section 47 or Section 57" |
Section 47 is removal for non-use and section 57 is cancellation, variation and rectification; see section 47 and section 57. In ordinary cases an application under those sections may be made to the Registrar. Section 125(1) displaces that choice only for the situation it describes: a validity question raised in an infringement suit.
Example. Joshi Textiles sues Bedi Fabrics for infringement of a registered mark. Bedi says Joshi's registration is invalid. Under section 125(1), that validity issue is determined only on an application for rectification, and the application goes to the High Court. Bedi cannot choose to file it with the Registrar. The suit court's handling of the timing, whether stay or adjournment, is in section 124.
Sub-section (2): the Registrar's power to refer
The text: "Subject to the provisions of sub-section (1), 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 High Court."
| Element | Text |
|---|---|
| Starting point | A rectification application made to the Registrar under section 47 or 57 |
| Power | The Registrar may, if he thinks fit, refer it to the High Court |
| Timing | At any stage of the proceedings |
| Limit | "Subject to the provisions of sub-section (1)" |
The word is "may". The section sets no test for when the Registrar should refer and does not say whether the parties can ask for it; those matters are not in the text. It does not describe what the High Court does after a reference, or what fee applies.
The two sub-sections side by side
| Sub-section (1) | Sub-section (2) | |
|---|---|---|
| Who decides forum | The statute: High Court only | The Registrar, by choice |
| When | Validity questioned in an infringement suit | Application already made to the Registrar |
| Can the Registrar entertain it? | No: "not to the Registrar" | Yes, until he refers it |
| Words | "shall be made" | "may, if he thinks fit, refer" |
What the section does not say
- It does not apply to every rectification: it concerns validity questioned in an infringement suit.
- It does not say which High Court. The text speaks only of "the High Court"; the "prescribed" meaning for proceedings before a High Court is, under the Tribunals Reforms Act, 2021, rules made by the High Court. That 2021 amendment of section 2(1)(s) is outside this article, but it signals that High Court procedure follows High Court rules.
- It does not state a form or fee. Under the Trade Marks Rules, 2017 forms and fees are prescribed for Registrar proceedings; for the High Court, check the High Court's rules.
- It does not say what happens to the infringement suit meanwhile; that is in section 124.
Practical points
- If validity is attacked in your suit, expect the issue to go to the High Court by rectification, not to the Registry.
- If you already filed with the Registrar, watch for a reference to the High Court under sub-section (2).
- Coordinate the suit and the rectification: section 124 sets the three-month window.
- If the suit has not yet been filed, the section does not by itself send an independent rectification application to the High Court.
Need help with a rectification application?
If your registration is being attacked in a suit, or you want to challenge a rival's, the forum, the timing and the grounds matter. Our trademark rectification and removal team can prepare and file the application and coordinate it with the suit.
Key takeaways
- Section 125(1): validity of a registration questioned in an infringement suit is determined only on a rectification application, made to the High Court and not to the Registrar.
- It applies despite sections 47 and 57.
- Section 125(2): the Registrar may, if he thinks fit, refer a pending section 47 or 57 application to the High Court at any stage.
- Before the Tribunals Reforms Act, 2021 the text said "Appellate Board".
Read next
- Section 126: implied warranty on sale of marked goods
- Section 124: stay of suit where validity of registration is questioned
- Rectification and removal of a trademark from the register
- How to file Form TM-26 for rectification or cancellation
Disclaimer: Based on the Trade Marks Act, 1999 as amended by the Tribunals Reforms Act, 2021 and the Jan Vishwas (Amendment of Provisions) Act, 2023, as consulted on 1 October 2026. Forms, fees and procedure are set by the Trade Marks Rules, 2017 as amended from time to time. This article is general information, not legal advice; check the official text before acting.