https://www.taxtmi.com/caselaws?id=312670 An assignee of a registered trade mark may maintain an infringement suit and seek leave under Clause 14 even before its title is entered on the register under Section 45, because Sections 27 and 53 do not bar a bona fide assignee and Section 28 was read as addressing final relief rather than disabling interim proceedings. Section 45 was treated as recognising acquisition of title by assignment without creating an absolute procedural bar while registration is pending. The objection that the Section 45 application was invalid for want of a joint owner's signature failed because it rested on an unpleaded factual premise and the assignment deed, read as a whole, did not establish defective title or non-joinder. en-us Fri, 28 Aug 2009 00:00:00 +0530 Fri, 01 Mar 2024 17:20:45 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=312670 An assignee of a registered trade mark may maintain an infringement suit and seek leave under Clause 14 even before its title is entered on the register under Section 45, because Sections 27 and 53 do not bar a bona fide assignee and Section 28 was read as addressing final relief rather than disabling interim proceedings. Section 45 was treated as recognising acquisition of title by assignment without creating an absolute procedural bar while registration is pending. The objection that the Section 45 application was invalid for want of a joint owner's signature failed because it rested on an unpleaded factual premise and the assignment deed, read as a whole, did not establish defective title or non-joinder. Case-Laws Indian Laws Fri, 28 Aug 2009 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=312670