Jan 17, 2018
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Assignment and Transmission of Trade marks

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Assignment and Transmission of Trade marks

Power of registered proprietor to assign and give receipts (section 37)

The registered proprietor, which appears in register of trademark, have power to assign the trade mark. Also have power to give effectual receipts for any consideration of such assignment. The registered proprietor can use such powers subject to provisions of the Act.

Assignability and transmissibility of registered trade marks and also unregistered trademarks ( section 38 and 39)

A registered trade mark shall assignable and transmissible, whether with or without the goodwill of the business concerned. Assignment and transmission can done for all the goods or services in respect of which the trade mark registered or of some only of those goods of services. An unregistered trade mark may also assigned or transmitted with or without the goodwill of the business concerned.

Registration of assignment and transmissions (section 45)

1. Where a person becomes eligible for assignment or transmission of a registered trade mark. He shall apply to the Registrar t o register it. Registrar shall on receipt of the application and proof thereof, register him as registered proprietor of trade mark. He shall registered as proprietor in respect of goods or services of which assignment or transmission has effected. Also cause particulars of the assignment or transmission to be entered on the register.

Provided that where the validity of an assignment or transmission disputed between the parties. The Registrar may refuse to register the assignment or transmission until the rights of the parties have  determined by a competent court.

2. Except for the purpose of an application before the Registrar under sub-section (1) or an appeal from an order thereon, or an application under section 57 or an appeal from an order thereon, a document or instrument in respect of which no entry has been made in the register in accordance with sub-section (1) shall not be admitted in evidence by the Registrar or the Appellate Board or any court in proof of title to the trade mark by assignment or transmission unless the Registrar or the Appellate Board or the court as the case may be, otherwise directs.

 

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