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CS Professional · Intellectual Property Rights - Law and Practice · Trademarks

Arjun, a licensee of a registered mark, is only a permitted user and is not a registered user. He finds a counterfeiter selling goods under the mark. Which statement is correct?

Arjun cannot institute infringement proceedings, since a mere permitted user has no such right under the Act. Only a registered user may sue for infringement in his own name, by making the registered proprietor a defendant.

  1. AHe may sue in his own name as if he were the proprietor
  2. BHe may sue only after making the proprietor a defendant
  3. CHe has no right to institute any proceeding for infringementCorrect
  4. DHe may sue for infringement but not for passing off

Explanation

Section 53 provides that a permitted user who falls under section 2(1)(r)(ii) has no right to institute infringement proceedings. Section 52 gives that right only to a registered user, who must add the proprietor as defendant.

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