Section 52 of Trademark Act, 1999: Right of registered user to take proceedings against infringement.

  • June 12, 2021

Section 52 of Trademark Act, 1999:

Right of registered user to take proceedings against infringement.

Right of registered user to take proceedings against infringement.—
(1) Subject to any agreement subsisting between the parties, a registered user may institute proceedings for infringement in his own name as if he were the registered proprietor, making the registered proprietor a defendant and the rights and obligations of such registered user in such case being concurrent with those of the registered proprietor.
(2) Notwithstanding anything contained in any other law, a registered proprietor so added as defendant shall not be liable for any costs unless he enters an appearance and takes part in the proceedings.
The Trade Marks ACT, 1999

 

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