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

Ravi Textiles Pvt Ltd, Surat, wrote to the Registrar asking that a note be entered in the Register of Trade Marks stating that its registered mark 'SUNRAY' is held by a partner in trust for a family trust. What is the legal position under the Trade Marks Act, 1999?

The request must be refused. The Act says no notice of any trust, whether express, implied or constructive, may be entered in the Register of Trade Marks, and the Registrar cannot receive such a notice. The bar applies to all types of trust.

  1. AThe Registrar must enter the note because the trust is express
  2. BThe Registrar may enter the note only for an express trust, not an implied one
  3. CThe note may be entered if the High Court directs it under rectification
  4. DNo notice of any trust, express, implied or constructive, can be entered in the register or received by the RegistrarCorrect

Explanation

Section 6(4) bars entry of any notice of trust, whether express, implied or constructive, and the Registrar cannot receive such notice. Option B is wrong because the bar covers express trusts too, not only implied ones.

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