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

Neha Industries, owner of a registered trade mark, wants certainty before assigning it to Dev Traders, since similar marks may then subsist with exclusive rights in two persons. What can Neha do under the Trade Marks Act, 1999?

Neha can submit a statement of case to the Registrar and obtain a certificate stating whether the proposed assignment would be invalid for creating multiple exclusive rights. The certificate is conclusive, subject to appeal, fraud or misrepresentation, and timely application for registration of title.

  1. ASubmit a statement of case to the Registrar and obtain a certificate on whether the proposed assignment would be invalid for creating multiple exclusive rightsCorrect
  2. BAsk the Controller of Patents for a declaration of validity
  3. CPublish a notice in a newspaper, which makes the assignment conclusively valid
  4. DNothing; validity can be tested only after an infringement suit

Explanation

Section 40(2) allows the proprietor proposing to assign to 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 or misrepresentation, and for a favourable certificate only if registration of title is applied for within six months of issue.

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