I.A. 18308/2013 (O VII R 11 (a) (b) & (d) CPC)

1. Vide this application, the defendant has sought the dismissal of the suit alleging that since the plaintiff is not the registered owner of the trademark TOPS, his suit for infringement of the trademark is not maintainable. It is submitted that the plaintiff’s claim that it is an assignee is not maintainable, as in view of Section 45 of the Trade Marks Act, 1999, an assignee does not become the owner of a trademark unless it is registered in his name and his name is entered into the register. It is further submitted that the assignment could be only by a registered document and the plaintiff has not made any contention that any such document was issued to him by the owner of the trademark nor he has placed on record any document to support his claim of an assignee. It is further contended that the defendant is a Chennai based company and is not doing any business in Delhi and, therefore, this Court has no territorial jurisdiction. It is further submitted that since the plaintiff is not a registered owner of the trademark and s