CS Professional · Intellectual Property Rights - Law and Practice · Trademarks

Sundaram Foods, proprietor of the registered mark 'SUNRISE' for biscuits, plans to assign it to Bharat Bakers but is worried that Sundaram would keep a similar mark for the same goods. It submits a statement of case to the Registrar, who certifies that the assignment would be valid. Bharat Bakers applies to register its title eight months after the certificate is issued. Under the Trade Marks Act, 1999, what is the effect of the certificate?

The certificate is not conclusive here. A Registrar's certificate in favour of validity is conclusive only if the application to register the assignee's title is made within six months of issue. Eight months have passed, so the protection under section 40(2) of the Trade Marks Act, 1999 is lost.

1. AIt remains conclusive of validity because the certificate was issued by the Registrar
2. BIt is conclusive of validity only if the application to register the title is made within six months of issue, so it is not conclusive hereCorrect
3. CIt has no effect because certificates are never issued for proposed assignments
4. DIt is conclusive of invalidity regardless of timing