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CS Executive · Economic, Commercial and Intellectual Property Laws · Law relating to Trade Marks

Kaveri Spices LLP wants to record in the Register of Trade Marks a note that its registered mark is held by it as trustee for a family trust. Under the Trade Marks Act, 1999, what is the position?

No notice of any trust can be entered in the Register of Trade Marks, and the Registrar cannot receive it. The bar covers express, implied and constructive trusts alike, so the LLP's request to note the family trust must be refused.

  1. AThe Registrar may enter the notice of an express trust only
  2. BThe Registrar may enter notice of any trust if the Central Government permits
  3. CNo notice of any trust, express, implied or constructive, can be entered or received by the RegistrarCorrect
  4. DOnly notice of a constructive trust is barred; express trusts may be entered

Explanation

Section 6(4) states that no notice of any trust, express or implied or constructive, shall be entered in the register and the Registrar cannot receive it. The distractor allowing express trusts is wrong because the bar covers all three kinds.

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