Skip to content

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

Ananya Exports Ltd owns the registered mark 'ZENITH' for tea and biscuits. It assigns the mark only for biscuits, together with the goodwill of its biscuit business only, retaining the mark for tea. How does the Trade Marks Act, 1999 treat this assignment for the advertisement requirement?

The assignment is not treated as one made otherwise than in connection with goodwill, because the mark is assigned for only some goods along with the goodwill of the business in those goods. Therefore the advertisement requirement for goodwill-less assignments does not apply.

  1. AIt is deemed made otherwise than in connection with goodwill, so advertisement is required
  2. BIt is not deemed an assignment otherwise than in connection with goodwill, so the advertisement requirement does not apply on that groundCorrect
  3. CIt is invalid because a mark cannot be assigned for only some goods
  4. DIt requires a Controller's order before it can be recorded

Explanation

The Explanation to the section provides that an assignment in respect of only some of the registered goods, accompanied by transfer of goodwill of the business in those goods only, is not deemed to be without goodwill. Hence the advertisement condition is not triggered.

Did you get it right without looking?

One question tells you little. A timed set on Business Concerns in Commercializing Intellectual Property Rights shows your real accuracy, how long you take and where you lose marks.

Practise Business Concerns in Commercializing Intellectual Property RightsFree diagnostic mock

More Business Concerns in Commercializing Intellectual Property Rights questions