Madras HC sets aside seizure order for non-compliance with S. 115(4) of Trade Marks Act; Orders interim release of 1,350 rice bags
“Section 115(4) of the Trade Marks Act, 1999 mandates the police to obtain the Registrar’s opinion before conducting a seizure under the Trade Marks Act. However, there was no record evidencing such mandatory consultation. The failure to comply with this statutory requirement vitiated the seizure proceedings and amounted to a jurisdictional error.”