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Section 53 – The Trade and Merchandise Marks Act,1958

The Trade and Merchandise Marks Act,1958

Section 53. Registered user not to have right of assignment or transmission

Nothing in this Act shall confer on a registered user of a trade mark any assignable or transmissible right to the use thereof.

EXPLANATION (1)

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, it 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 re-constituted firm may use the trade mark, if otherwise in force, only for so long as any partner of the original firm at the time on its registration as registered user, continues to be a partner of the reconstituted firm.

EXPLANATION (2)

For the purpose of Exp. 1, “firm” has the same meaning as in the Indian Partnership Act,1932 (9 of 1932).

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The Trade and Merchandise Marks Act,1958

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