Section 52
Right of registered user to take proceedings against infringement.
About this Act
An Act to amend and consolidate the law relating to trade marks, to provide for registration and better protection of trade marks for goods and services and for the prevention of the use of fraudulent marks.
(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.
(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.