Section 26 Trade Marks Act 1999 deals with REGISTRATION OF SAME TRADE MARK by REGISTERED USERS. A registered user may:
Aapply for assignment of the trade mark without proprietor's consent (cf. Trade Marks Act 1999, Sections 26, 48-55)
Bcancel a trade mark unilaterally without notice to proprietor (cf. Trade Marks Act 1999, Sections 26, 48-55)
Cregister a trade mark in his own name in any case (cf. Trade Marks Act 1999, Sections 26, 48-55)
Dbe permitted, with proprietor's consent, to file infringement proceedings in his own name (subject to limitations in Section 53)
Answer & Solution
Correct answer: D. be permitted, with proprietor's consent, to file infringement proceedings in his own name (subject to limitations in Section 53)
1. Section 48 Trade Marks Act 1999 governs REGISTERED USER — a person other than the registered proprietor who is registered as a user of the trade mark in respect of the goods/services with such conditions or limitations.
2. Section 53 — registered user has no right to assign or transmit his right.
3. Section 52 — the registered user may institute proceedings for infringement IN HIS OWN NAME, with notice to and consent of the registered proprietor.
4. Hence option B is correct.
_Source: Patents Act 1970 / Copyright Act 1957 / Trade Marks Act 1999 — Trade Marks Act 1999, Sections 26, 48-55_
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