Section52
The Trade Marks Act, 1999

Right of registered user to take proceedings against infringement

In force From 15 Sep 2003 Act 47 of 1999 As on 18 Oct 2026

Act 47 of 1999 Ministry Commerce and Industry Enacted 30 Dec 1999 In force 15 Sep 2003 Cited by 2 provisions

Section 52 of the Trade Marks Act, 1999 deals with right of registered user to take proceedings against infringement. 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 concur The Act came into force on 15 Sep 2003.

(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.

Section 52, The Trade Marks Act, 1999 (Act 47 of 1999).

Cross-references

Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.

Questions about Section 52

What does Section 52 of the Trade Marks Act deal with?

Section 52 of the Trade Marks Act is headed "Right of registered user to take proceedings against infringement". 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 concur

How do I find court cases under Section 52 of the Trade Marks Act?

In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Trade Marks Act 52, section 52 Trade Marks Act, section 52 of the Trade Marks Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.

What should I read with Section 52 of the Trade Marks Act, and has it changed?

2 other provisions in this corpus refer back to it.

When did Section 52 of the Trade Marks Act come into force?

Section 52 of the Trade Marks Act, cited as Trade Marks Act 52, came into force on 15 Sep 2003, having been enacted on 30 Dec 1999. It is in force as at the date shown on this page.

Other sections of this Act

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 18 Oct 2026. This page is not a substitute for legal advice.