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

Ravi Sweets proposes to assign its registered mark and wants certainty that the assignment will not be invalid for creating multiple exclusive rights. Under section 40 of the Trade Marks Act, 1999, what may Ravi do?

Ravi may submit a statement of case to the Registrar in the prescribed manner, and the Registrar may issue a certificate stating whether the proposed assignment would be invalid under section 40(1). The certificate is conclusive unless obtained by fraud or misrepresentation.

  1. ASubmit a statement of case to the Registrar, who may issue a certificate on whether the proposed assignment would be invalidCorrect
  2. BObtain an order from the Central Government
  3. CApply to the Registrar only after the assignment is completed
  4. DSeek a certificate valid regardless of any fraud or misrepresentation

Explanation

Section 40(2) allows the proprietor to submit a statement of case so the Registrar may certify validity or invalidity. The certificate is conclusive only if not obtained by fraud or misrepresentation, so D is wrong. The process is for a proposed assignment, not a completed one.

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