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Trademark Registered Users rights-India

Section 52 of the trademark act, 1999 provides for the rights of registered users of trademark in India. They are as under:

• To initiate proceedings for infringement in his own name as if he were the registered proprietor. The registered trademark user/ licensee in India is entitled to call upon the registered proprietor/ licensor to initiate proceedings against infringement of the trademark. He can also institute proceedings in his own name after a one month notice, if the proprietor refuses or neglects to do so.
• A registered user/ licensee does not have a right of assignment or any transmissible right with respect to the trademark.

The unregistered trademark user, however, has no right to institute any proceeding for infringement. It is advisable for the licensee to cite the proprietor of the trademark as co-defendant in any such proceedings. If the proprietor is added as a co-defendant by the registered user, he shall not be liable for any costs, unless he appears and takes part in the proceedings.

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