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

Gopal Foods Pvt Ltd owns the registered mark 'TASTYBITE' for snacks. It proposes to assign the mark to Ishaan Snacks Ltd for use in Maharashtra only, while Gopal keeps an identical mark's exclusive right for snacks in the rest of India. Which statement is correct under the Trade Marks Act, 1999?

The assignment is barred unless the Registrar approves it. Creating exclusive rights in an identical mark for the same goods in different parts of India is prohibited, but the Registrar may approve if satisfied that use would not be contrary to public interest.

  1. AThe assignment is valid because the territories do not overlap
  2. BThe assignment is valid if both parties sign a deed within six months
  3. CThe mark is not assignable in such a case unless the Registrar, on application by the proprietor, is satisfied the use would not be contrary to public interest and approves itCorrect
  4. DThe assignment is valid only if the Controller of Patents certifies it

Explanation

Section 41 bars assignment where exclusive rights in an identical mark for the same goods would subsist in different persons limited to different places in India. The proviso allows the Registrar to approve if satisfied it is not contrary to public interest, and registration of title must be applied for within six months of approval. Non-overlap of territory does not save it.

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