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Start Free TrialTrade and Merchandise Marks Act, 1958 [Repealed] Chapter 5
Title: Assignment and Transmission
State: Central
Year: 1958
.....be conclusive as to the validity or invalidity under sub-section (1) of the assignment in so far as such validity or invalidity depends upon the facts set out in the case, but, as regards a certificate in favour of validity, only if application for the registration under section 44 of the title of the person becoming entitled is made within six months from the date on which the certificate is issued. Section 40 - Restrictions on assignment or transmission when exclusive rights would be created in different parts of India Notwithstanding anything in section 37 and section 38, a trade mark shall not be assignable or transmissible in a case in which as a result of the assignment or transmission there would in the circumstances subsist, whether under this Act or any other law, an exclusive right in one of the persons concerned to the use of the trade mark limited to use in relation to goods to be sold, or otherwise traded in, in any place in India and an exclusive right in another of these persons to the use of a trade mark nearly resembling the first-mentioned trade mark or of an identical trade mark in relation to the same goods or description of goods limited to use in.....
View Complete Act List Judgments citing this sectionTrade and Merchandise Marks Act, 1958 [Repealed] Section 41
Title: Conditions for Assignment Otherwise Than in Connection with the Goodwill of a Business
State: Central
Year: 1958
.....which the assignment is made or within such extended period, if any, not exceeding three months in the aggregate, as the Registrar may allow, applies to the Registrar for directions with respect to the advertisement of the assignment, and advertises it in such form and manner and within such period as the Registrar may direct. ExplanationFor the purposes of this section an assignment of a trade mark of the following description shall not be deemed to be an assignment made otherwise than in connection with the goodwill of the business in which the mark is used, namely:-- (a) an assignment of a trade mark in respect only of some of the goods for which the trade mark is registered accompanied by the transfer of the goodwill of the business concerned in those goods only; or (b) an assignment of a trade mark which is used in relation to,goods exported from India if the assignment is accompanied by the transfer of the goodwill of the export business only.
View Complete Act List Judgments citing this sectionTrade and Merchandise Marks Act, 1958 [Repealed] Section 44
Title: Registration of Assignments and Transmissions
State: Central
Year: 1958
.....shall cause particulars of the assignment or transmission to be entered on the register: Provided that where the validity of an assignment or transmission is in dispute between the parties, the Registrar may refuse to register the assignment or transmission until the rights of the parties have been determined by a competent court. (2) Except for the purpose of an application before the Registrar under subsection (I) or an appeal from an order thereon, or an application under section 56 or an appeal from an order thereon, a document or instrument in respect of which no entry has been made in the register in accordance with sub-section (1), shall not be admitted in evidence by the Registrar or any court in proof of title to the trade mark by assignment or transmission unless the Registrar or the court, as the case may be, otherwise directs.
View Complete Act List Judgments citing this sectionTrade and Merchandise Marks Act, 1958 [Repealed] Section 39
Title: Restrictions on Assignment or Transmission Where Multiple Exclusive Rights Would Be Created
State: Central
Year: 1958
.....the circumstances and the Registrar may issue to him a certificate stating whether, having regard to the similarity of the goods and of the trade marks referred to in the case, the proposed assignment would or would not be invalid under sub-section (1), and a certificate so issued shall, subject to appeal and unless it is shown that the certificate was obtained by fraud or misrepresentation, be conclusive as to the validity or invalidity under sub-section (1) of the assignment in so far as such validity or invalidity depends upon the facts set out in the case, but, as regards a certificate in favour of validity, only if application for the registration under section 44 of the title of the person becoming entitled is made within six months from the date on which the certificate is issued.
View Complete Act List Judgments citing this sectionTrade and Merchandise Marks Act, 1958 [Repealed] Section 38
Title: Assignability and Transmissibility of Unregistered Trade Marks
State: Central
Year: 1958
(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.
View Complete Act List Judgments citing this sectionTrade and Merchandise Marks Act, 1958 [Repealed] Section 40
Title: Restrictions on Assignment or Transmission when Exclusive Rights Would Be Created in Different Parts of India
State: Central
Year: 1958
.....it, or by a person who claims that a registered trade mark has been transmitted to him or to a predecessor in title of his since the commencement of this Act, the Registrar, if he is satisfied that in all the circumstances the use of the trade mark in exercise of the said rights would not be contrary to the public interest, may approve the assignment or transmission, and an assignment or transmission so approved shall not, unless it is shown that the approval was obtained by fraud or misrepresentation, be deemed to be invalid under this section or section 39 if application for the registration under section 44 of the title of the person becoming entitled is made within six months from the date on which the approval is given or, in the case of a transmission, was made before that date.
View Complete Act List Judgments citing this sectionTrade and Merchandise Marks Act, 1958 [Repealed] Section 36
Title: Power of Registered Proprietor to Assign and Give Receipts
State: Central
Year: 1958
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.
View Complete Act List Judgments citing this sectionTrade and Merchandise Marks Act, 1958 [Repealed] Section 53
Title: Registered User Not to Have Right of Assignment or Transmission
State: Central
Year: 1958
Nothing in this Act shall confer on a registered user of a trade mark any assignable or transmissible right to the use thereof. Explanation I--The right of a registered user of a trade mark shall not be deemed to have been assigned or transmitted within the meaning of this section in the following cases, namely:-- (a) where the registered user being an individual enters into a partnership with any other person for carrying on the business concerned; but in any such case the firm may use the trade mark, if otherwise in force, only for so long as the registered user is a member of the firm; (b) where the registered user being a firm subsequently undergoes a change in its constitution ; but in any such case the reconstituted firm may use the trade mark, if otherwise in force, only for so long as any partner of the original firm at the time of its registration as registered user, continues to be a partner of the reconstituted firm. Explanation 2--For the purposes of Explanation 1, "firm" has the same meaning as in the Indian Partnership Act, 1932, (9 of 1932).
View Complete Act List Judgments citing this sectionTrade and Merchandise Marks Act, 1958 [Repealed] Section 42
Title: Assignability and Transmissibility of Certification Trade Marks
State: Central
Year: 1958
A certification trade mark shall not be assignable or transmissible otherwise than with the consent of the Central Government, for which application shall be made in writing in the prescribed manner through the Registrar.
View Complete Act List Judgments citing this sectionTrade and Merchandise Marks Act, 1958 [Repealed] Section 43
Title: Assignability and Transmissibility of Associated Trade Marks
State: Central
Year: 1958
Associated trade marks shall be assignable and transmissible only as a whole and not separately, but, subject to the provisions of this Act, they shall for all other purposes, be deemed to have been registered as separate trade marks.
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