Chapter V: Ss. 37-45
•Assignment [S. 2(1)(b)] means an assignment in writing by act of the parties concerned
•Transmission [S. 2(1)(zc)] means
–transmission by operation of law
–Devolution on the personal representative of a deceased person and
–Any other mode of transfer, not being assignment
•Transfer of ownership from the registered proprietor (assignor-owner) to assignee
•Power of registered proprietor to assign and give receipts [s. 37]
•Registered trade mark is assignable and transmissible [s. 38]
–With or without goodwill and
–Either in respect of all goods/services for which it is registered or
–Only some of the goods
•Unregistered trade mark may be assigned or transmitted with or without goodwill [s. 39]
•Restriction on assignment or transmission where multiple exclusive rights would be created [s. 40]
–If exclusive rights are created in more than one persons,
–Where trade marks resemble each other or are identical
–Which may deceive or cause confusion, and in relation to:
–Same goods/services
–Same description of goods/services
–Goods/services associated to each other
•Restriction on assignment or transmission when exclusive rights would be created in different parts of India [s. 41]
–Prevents the splitting of rights on a territorial basis and creating rights on different persons in different parts of India
–However Registrar may allow if not contrary to public interest [proviso]
•Conditions for assignment otherwise than in connection with the goodwill of a business [s. 42]
–Such transfer will not take effect unless the assignee
–Applies to Registrar for directions w. r. t. the advertisement and
–Advertises it in the prescribed manner
•Assignability and transmissibility of certification trade marks [s. 43]
–Not without the consent of the Registrar
•Assignability and transmissibility of associated trade marks [s. 44]
–Only as a whole and not separately
•Registration of assignments and transmissions [s. 45]
No comments:
Post a Comment