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CS Professional · Intellectual Property Rights - Law and Practice · Business Concerns in Commercializing Intellectual Property Rights

Anand Beverages, proprietor of registered mark 'COOLGO' for soft drinks, proposes to assign it to a related firm, risking exclusive rights in two persons for identical goods under confusingly similar marks. To get assurance beforehand, what may it do under the Trade Marks Act, 1999?

The proprietor may submit a statement of case to the Registrar, who may issue a certificate stating whether the proposed assignment would be invalid under Section 40(1). Such a certificate is conclusive, subject to appeal and fraud, and a favourable one requires a title registration application within six months.

  1. AFile a statement of case with the Registrar, who may issue a certificate on whether the assignment would be invalid under Section 40(1)Correct
  2. BObtain an opinion from a patent agent under Section 127, which binds the Registrar
  3. CWait until after assignment and then seek a certificate
  4. DAdvertise the proposal for six months

Explanation

Section 40(2) lets the proprietor who proposes to assign submit a statement of case; the Registrar may certify whether the assignment would be invalid under Section 40(1). The certificate is conclusive subject to appeal and fraud, and for validity only if registration of title is applied for within six months. Patent agents have no such role.

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