THE TRADE MARKS ACT, 1999
[As amended by the Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance, 2021]
CHAPTER 5 – ASSIGNMENT AND TRANSMISSION
- 37. POWER OF REGISTERED PROPRIETOR TO ASSIGN AND GIVE RECEIPTS.
- 38. ASSIGNABILITY AND TRANSMISSIBILITY OF REGISTERED TRADE MARKS.
- 39. ASSIGNABILITY AND TRANSMISSIBILITY OF UNREGISTERED TRADE MARKS.
- 40. RESTRICTION ON ASSIGNMENT OR TRANSMISSION WHERE MULTIPLE EXCLUSIVE RIGHTS WOULD BE CREATED.
- 41. RESTRICTION ON ASSIGNMENT OR TRANSMISSION WHEN EXCLUSIVE RIGHTS WOULD BE CREATED IN DIFFERENT PARTS OF INDIA.
- 42. CONDITIONS FOR ASSIGNMENT OTHERWISE THAN IN CONNECTION WITH THE GOODWILL OF A BUSINESS.
- 43. ASSIGNABILITY AND TRANSMISSIBILITY OF CERTIFICATION TRADE MARKS.
- 44. ASSIGNABILITY AND TRANSMISSIBILITY OR ASSOCIATED TRADE MARKS.
- 45. REGISTRATION OF ASSIGNMENTS AND TRANSMISSIONS.
37. POWER OF REGISTERED PROPRIETOR TO ASSIGN AND GIVE RECEIPTS.
The person for the time being entered in the register as proprietor of a trade mark shall, subject to the provisions of this Act and to any rights appearing from the register to be vested in any other person, have power to assign the trade mark, and to give effectual receipts for any consideration for such assignment.
38. ASSIGNABILITY AND TRANSMISSIBILITY OF REGISTERED TRADE MARKS.
Notwithstanding anything in any other law to the contrary, a registered trade mark shall, subject to the provisions of this Chapter, be assignable and transmissible, whether with or without the goodwill of the business concerned and in respect either of all the goods or services in respect of which the trade mark is registered or of some only of those goods or services.
39. ASSIGNABILITY AND TRANSMISSIBILITY OF UNREGISTERED TRADE MARKS.
An unregistered trade mark may be assigned or transmitted with or without the goodwill of the business concerned.