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Chapter VI - Use of Trade Marks and Registered Users

Section 53

Section 53: Limits on other permitted users’ proceedings

The specified non-registered permitted user has no right to institute infringement proceedings under this provision.

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Need advice on Section 53?

This article is for general information. Refer to the Trade Marks Act, 1999 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.

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Statutory text

Bare law

A person referred to in sub-clause (ii) of clause (r) of sub-section (1) of section 2 shall have no right to institute any proceeding for any infringement.

Rule and business relevance

The reference is to section 2(1)(r)(ii), which must be distinguished from registered-user status and its section 52 litigation rights.

Limits and related provisions

Do not assume a commercial licence automatically confers the same statutory right to sue as registered-user registration. This section addresses infringement proceedings, not every possible contractual dispute.

Hypothetical business example

Hypothetical example: A licensee with permission but without registered-user status discovers copying. It coordinates with the proprietor rather than assuming section 52 standing.

Practical decision flow

Identify the user’s exact status under section 2(1)(r).

Distinguish registered-user status from other permission.

Plan enforcement through the person with the relevant right.

Applying the Act and current procedure

Read the statutory rule together with the applicable Trade Marks Rules, current Registry directions and the facts of the particular mark. Forms, fees and procedural requirements should be checked against their current official source before filing.

Practical checklist

Do

  • Identify the user’s exact status under section 2(1)(r).
  • Distinguish registered-user status from other permission.
  • Plan enforcement through the person with the relevant right.

Avoid

  • Do not assume a commercial licence automatically confers the same statutory right to sue as registered-user registration. This section addresses infringement proceedings, not every possible contractual dispute.

Glossary

Non-registered permitted user
The person referred to by section 2(1)(r)(ii).
Infringement standing
The right to institute the infringement proceeding addressed here.

Frequently asked questions

Does every permitted user have a statutory right to sue for infringement?

No. This provision expressly denies that right to the specified category.

Which user provision differs?

Section 52 addresses registered users.

Does a licence label alone establish registered-user status?

No. The actual statutory status must be checked.

Need help applying this provision to your situation?

Contact Bizeneed

Last updated 10 October 2026