This document discusses the assignment and transmission of trademarks under Indian law. It outlines key definitions and provisions regarding assignment of registered and unregistered trademarks. It notes restrictions on assignment if it would create multiple exclusive rights or rights in different parts of India. Assignments must be made with or without the goodwill of the business. Registered users do not have assignable rights. The procedure for registering an assignment or transmission with the registrar is also described.

1. Assignment & Transmission of
Trade Marks

2. Introduction & Importance

3. Meanings
• of assignment
• Of transmission

4. 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.

5. • 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.

6. • 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.

7. Restrictions
• Restriction where multiple exclusive rights are
created
• Restriction when the exclusive rights are
created in different parts of India

8. 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.

9. 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.

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