It also observed that Section 125(2) of the Trade Marks Act, 1999 empowered the Registrar of Trade Marks, at any stage, to refer the matter to the IPAB, whose powers, authority and jurisdiction now stand transferred to the High Court. The Court further noted that if the Registrar has the power to transfer a matter to the High Court, surely the High Court also has the power to direct the transfer of such matters to itself, especially where all other connected petitions – including petitions for passing off and rectification petitions instituted by Jumeirah against Designarch – which are pending before the IPAB, already stood transferred to the High Court.
Source: Barandbench
