Lawgist54Registered 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 I.--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, if 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 reconstituted firm may use the trade mark, if otherwise in force, only for so long as any partner of the original firm at the time of its registration as registered user, continues to be a partner of the reconstituted firm.
Explanation II.--For the purposes of Explanation I, "firm" has the same meaning as in the Indian Partnership Act, 1932 (9 of 1932).
Download our fully-offline, High speed android app.- Click here
- 46 Proposed use of trade mark by company to be formed, etc
- 47 Removal from register and imposition of limitations on ground of non-use
- 48 Registered users
- 49 Registration as registered user
- 50 Power of Registrar for variation or cancellation of registration as registered user
- 51 Power of Registrar to call for information relating to agreement in respect of registered users
- 52 Right of registered user to take proceedings against infringement
- 53 No right of permitted user to take proceeding against infringement
- 54 Registered user not to have right of assignment or transmission
- 55 Use of one of associated or substantially identical trade marks equivalent to use of another
- 56 Use of trade mark for export trade and use when form of trade connection changes
