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CHAPTER 5 – ASSIGNMENT AND TRANSMISSION

BananaIP Counsels > The Trade Mark Rules > CHAPTER 5 – ASSIGNMENT AND TRANSMISSION

CHAPTER 5 – ASSIGNMENT AND TRANSMISSION

75. Application for entry of assignment or transmission.— 

 

An application to register the title of a person who becomes entitled by assignment or transmission to a registered trademark shall be made in Form TM-P.

 

 

76. Case accompanying application.— 

 

(1) A person applying for registration of his title under rule 75, shall, along with his request in form TM-P, file duly certified copy of original document, instrument or deed, as the case may be, purporting to transfer the title in the trademark and a statement of case in support of his request.

 

(2) The Registrar shall dispose of an application made under rule 75 ordinarily within three month from the date of application and intimate the same to the applicant.

 

 

77. Proof of title. — 

 

The Registrar may, where there is a reasonable doubt about the veracity of any statement or any document furnished, call upon any person who applies to be registered as proprietor of a registered trademark to furnish such proof or additional proof of title as the Registrar thinks fit.

 

78. Impounding of Instruments.— 

 

If in the opinion of the Registrar any instrument produced in proof of title of a person is not properly or sufficiently stamped, the Registrar shall impound and deal with it in the manner provided by Chapter IV of the Indian Stamp Act, 1899 (2 of 1899).

79. Assignments involving transmission of moneys outside India. — 

 

 

If there is in force any law regulating the transmission of moneys outside India, the Registrar shall not register the title of a person who becomes entitled to a trademark by an assignment which involves such transmission except on production of the permission of the authority specified in such law for such transmission.

 

80. Application for Registrar’s direction as to advertisement of an assignment of a trademark without goodwill of the business. — 

 

 

(1) An application for directions under section 42 shall be made in Form TM-P and shall state the date on which the assignment was made. The application shall give particulars of the registration in the case of a registered trademark, and in the case of an unregistered trademark shall show the trademark and give particulars including user of the unregistered trademark that has been assigned therewith. The Registrar may call for any evidence or further information and if he is satisfied with regard to the various matters he shall issue directions in writing with respect to the advertisement of the assignment.

 

(2) The Registrar may refuse to consider such an application in a case to which section 41 applies, unless his approval has been obtained under the said section and a reference identifying the Registrar’s notification of approval is included in the application.

 

(3) A request for an extension of the period within which the application mentioned in sub-rule (1) shall be made shall be in Form TM-P

 

 

 

81. Application for entry of assignment without goodwill.— 

 

An application under rule 75 relating to an assignment of a trademark in respect of any goods or services shall state—

 

(a) whether the trademark had been or was used in the business in any of those goods or services, and

 

(b) whether the assignment was made otherwise than in connection with the goodwill of that business,

 

and if both those circumstances subsisted, then the applicant shall leave at the Trade Marks Registry a copy of the directions to advertise the assignment, obtained upon application under rule 80, and such proof, including copies of advertisements or otherwise, as the Registrar may require, to show that his directions have been fulfilled and if the Registrar is not satisfied that the directions have been fulfilled, he shall not proceed with the application.

 

82. Separate registration.— 

 

Where pursuant to an application under rule 75, and as the result of a division and separation of the goods or services of a registration or a division and separation of places or markets, different persons become registered separately under the same registration number as subsequent proprietors of a trademark, each of the resulting separate registrations in the names of those different persons shall be deemed to be a separate registration for all the purposes of the Act.

 

 

83. Registrar’s certificate or approval as to certain assignment and transmissions.— 

 

 

Any person who desires to obtain the Registrar’s certificate under sub-section 2 of section 40 or his notification of approval under section 41 shall send to the Registrar with his application in Form TM-P, a statement of case in duplicate setting out the circumstances and a copy of any instrument or proposed instrument effecting the assignment or transmission. The Registrar may call for any evidence or further information that he may consider necessary and the statement of case shall be amended if required to include all the relevant circumstances and shall, if required, be verified by an affidavit. The Registrar, after hearing (if so required) the applicant and any other person whom the Registrar may consider to be interested in the transfer, shall consider the matter and issue a certificate thereon or a notification in writing of approval or disapproval thereof, as the case may be, to the applicant and shall also inform such other person accordingly. Where a statement of case is amended, three copies thereof in its final form shall be left at the Trade Marks Registry. The Registrar shall seal a copy of the statement of case in its final form to the certificate or notification.

 

 

84. Entry in register, of particulars of assignment.— 

 

Where the Registrar has allowed the assignment of a trademark under this Act, there shall be entered in the register the following particulars of assignment, namely:—

 

(i) the name and address of the assignee;

 

(ii) the date of the assignment;

 

(iii) where the assignment is in respect of any right in the trademark, a description of the right assigned;

 

(iv) the basis under which the assignment is made; and

 

(v) the date on which the entry is made in the register.

 

85.Registration of assignment to a company under section 46.— 

 

 

For the purposes of sub-section (4) of section 46, the period within which a company may be registered as the subsequent proprietor of a registered trademark upon application made under rule 75 shall be six months from the date of advertisement in the Journal of the registration of the trademark or such further period not exceeding six months as the Registrar may allow on application being made in Form TM-P by the applicant for registration of title or the registered proprietor, as the case may be, at any time before or during the period for which the extension can be allowed.

 

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