The Trade Marks Act 1940, 5 of 1940, (Rep., Act 43 of 1958) · XI — .

Section 72. Procedure in certain cases of option to apply to a High Court or the Registrar

Repealed or not in force · As amended up to 2026-08

72. Procedure in certain cases of option to apply to a High Court or the Registrar. I `1` 75. Suits for infringement to ba instituted before District Court. 72. Where under this Act an applicant has the Procedure~n certaln cases cases - option of making an application either to a High Court of `to` apply to a to a a or to the Registrar,- HI h Court Court certaln cases cases of `to` apply to a to a a or HI `h` h Court Court - `(a)` if any suit or other ~roceedings conce$ning Hegbtrar- the trade mark in question is pending before a High Court or a District Court, the applicat-ion shall be made to that High Court or, as the case may be, to the High Court within whose jurisdiction that District Court is situated ; - (b) if in any other case the application is made to the Registrar, the Registrar may, if he thinks fit, refer the application at any stage of the proceedings to a High Court.

Source: India Code