(1) An unregistered trade mark shall not be assignable or transmissible except along with the goodwill of the business concerned.
(2) Notwithstanding anything contained in sub-section (1), an unregistered trade mark may be assigned or transmitted otherwise, than along with the goodwill of the business concerned if--
(a) at the time of assignment or transmission of the unregistered trade mark, it is used in the same business as a registered trade mark; and
(b) the registered trade mark is assigned or transmitted at the same time and to the same person as the unregistered trade mark; and
(c) the unregistered trade mark relates to goods in respect of which the registered trade mark is assigned or transmitted.