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Section 45 – The Trade Marks Act, 1999

The Trade Marks Act,1999

 

45. 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 or services 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 sub-section (1) or an appeal from an order thereon, or an application under section 57 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 the Appellate Board or any court in proof of title to the trade mark by assignment or transmission unless the Registrar or the Appellate Board or the court, as the case may be, otherwise directs.

 

Comments

 

This section provides that where the validity of an assignment is in dispute between the parties, the Registrar can refuse to register such transaction unless the rights of parties are determined by the competent court.

 

It further lays down that any instrument or document on the basis of which no entry has been made is not admissible in evidence before the Registrar or any court.

 

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The Trade Marks Act, 1999

 

Indian Laws – Bare Acts

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