Section 51(1) in The Trade And Merchandise Marks Act, 1958
(1)Subject to any agreement subsisting between the parties, a registered user of a trade mark hall be entitled to call upon the proprietor thereof to take proceedings to prevent infringement thereof, and if the proprietor refuses or neglects to do so within three months after being so called upon, the registered user may institute proceedings for infringement in his own name as if he were the proprietor, making the proprietor a defendant.
