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

Meera, the proprietor of a registered mark, assigned it to Nikhil on 1 March but Nikhil has not applied for registration of title. On 1 April Meera, then still on the register, created a conflicting interest in favour of Omkar, who had no knowledge of the earlier assignment. What is the effect under section 45 of the Trade Marks Act, 1999?

The assignment to Nikhil is ineffective against Omkar until Nikhil files an application to register his title. Section 45(4) protects a person who acquires a conflicting interest without knowledge of the assignment, though the assignment is not void between the parties.

  1. AThe assignment to Nikhil is void ab initio for want of registration
  2. BThe assignment to Nikhil is ineffective against Omkar until an application under section 45(1) has been filedCorrect
  3. COmkar's interest is void because Meera had already assigned the mark
  4. DThe Registrar must refuse Nikhil's application automatically

Explanation

Section 45(4) says that until an application to register title is filed, the assignment is ineffective against a person acquiring a conflicting interest without knowledge of it. It is not void between the parties, so A is wrong. Omkar lacked knowledge, so C fails. D has no basis in the text.

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