Assignment & Transmission of Trade Marks

Introduction & Importance

Meanings

• of assignment• Of transmission

Provisions

• Section 37- a registered proprietor has the power to assign trade mark.

• Section 38- assignability and transmissibility of registered trade mark.

• Section 39- assignability and transmissibility of unregistered trade mark.

• Section 40- Restriction on assignment or Transmission where multiple executive rights would be created.

• Section 41- Restriction on assignment or Transmission when the exclusive rights would be created in different parts of India.

• Section 42- Conditions of assignments; with or without goodwill

• Section 43- Restriction on assignment or Transmission of Certification Trade mark.

• Section 44- Restriction on assignment or Transmission of Associated Trade mark.

• Section 45- Registration of assignment or transmission.

• Registered user has no right • The registered user of a trademark does not

have any assignable or transmissible rights to the use thereof. Section 54.

Restrictions

• Restriction where multiple exclusive rights are created

• Restriction when the exclusive rights are created in different parts of India

Conditions

• The assignment otherwise than in connection of a goodwill of a business will not be effective unless the assignee applies to the Registrar for direction in respect to advertisement of the assignment, and advertises in such manner and within such period as may the Registrar directs. Section 42.

Procedure

• Chapter IV of the Trademarks Rule, 2002, deals with the procedure relating to registration of assignment and transmission of a Trade Mark.

• shall apply in Form TM-24 (Lone Applicant) or in Form TM- 23 (Conjointly with Registered Proprietor) to register his title in the Register of Trade Marks.

• The fee for the purpose has been prescribed at the entries 27 & 28 of Schedule I of the Rules.

THANK YOU

Divya Prakash Roll. No. 52LL M 2010-12Symbiosis Law School.