Print View

[Section Index]

The Trade Marks Act, 1940

( ACT NO. V OF 1940 )

Chapter V

ASSIGNMENT AND TRANSMISSION

Assignability of unregistered trade marks
30. An unregistered trade mark shall be assignable and transmissible whether in connection with the goodwill of a business or not:
 
 
 
 
Provided that, except in connection with the goodwill of a business, assignment or transmission shall be permissible only if¬-
 
 
 
 
(a) at the time of assignment or transmission of the un¬registered 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 un¬registered trade mark, and
 
 
 
 
(c) the unregistered trade mark relates to goods in respect of which the registered trade mark is assigned or transmitted.

Copyright © 2019, Legislative and Parliamentary Affairs Division
Ministry of Law, Justice and Parliamentary Affairs