https://www.taxtmi.com/caselaws?id=306586 An assignee of a registered trade mark can enforce infringement rights and seek interim protection upon execution of the assignment, because registration under Section 45 is only a record of title and pending mutation does not defeat enforceability. Non-use of the mark does not by itself bar relief; issues of non-use are dealt with under Section 47, while registration remains prima facie evidence of validity. A plea of abandonment or unclean hands was not established on the facts, and balance of convenience favoured protection of the registered mark, particularly for identical marks used on pharmaceutical goods. Interim injunction was therefore granted despite the pending entry of title in the register. en-us Fri, 03 Oct 2008 00:00:00 +0530 Fri, 10 Feb 2023 10:15:02 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=306586 An assignee of a registered trade mark can enforce infringement rights and seek interim protection upon execution of the assignment, because registration under Section 45 is only a record of title and pending mutation does not defeat enforceability. Non-use of the mark does not by itself bar relief; issues of non-use are dealt with under Section 47, while registration remains prima facie evidence of validity. A plea of abandonment or unclean hands was not established on the facts, and balance of convenience favoured protection of the registered mark, particularly for identical marks used on pharmaceutical goods. Interim injunction was therefore granted despite the pending entry of title in the register. Case-Laws Indian Laws Fri, 03 Oct 2008 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=306586