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Section 44 – The Trade and Merchandise Marks Act,1958

The Trade and Merchandise Marks Act,1958

Section 44. Registration of assignments and transmissions

(1) Where a person becomes entitled by assignment or transmission to a registered trade mark, he shall apply in the prescribed manner to the Registrar to register his title, and the Registrar shall, on receipt of the application and on proof of title to his satisfaction, register him as the proprietor of the trade mark in respect of the goods -in respect of which the assignment or transmission has effect, and 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 (1), or an appeal from an order thereon, or an application under Sec. 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.

PROVISO TO SEC. 44 (1)-INVESTS RIGHTS TO THE REGISTRAR. -Its bare perusal would go to show that where the validity of an assignment or transmission is in dispute between the parties the Registrar may, in his discretion, refuse to register the assignment or transmission until the rights of the parties have been determined by a competent Court. Since the proviso invests the Registrar with such discretion which in the facts and circumstances of the case he may or May not exercise.1

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1. BRAKES INTERNATIONAL V. TILAK RAJ BAGGA, A.I.R. 1998 DELHI 146 AT P. 153.

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The Trade and Merchandise Marks Act,1958

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