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

Sundaram Foods Pvt Ltd, Chennai, sells its registered trade mark 'SUNRISE' for packaged spices to Kaveri Agro Ltd and hands over the mark alone, with no transfer of the goodwill of the spice business. Under the Trade Marks Act, 1999, what must Kaveri Agro do for the assignment to take effect?

The assignee must apply to the Registrar within six months of the assignment, or within an extended period of up to three months in aggregate, for advertisement directions and then advertise as directed. Without this, an assignment made without goodwill does not take effect under Section 42.

  1. ANothing further, because a registered trade mark is freely assignable
  2. BApply to the Registrar for directions on advertisement within six months of the assignment (or an extended period of up to three months in aggregate) and advertise as directedCorrect
  3. CObtain a certificate of validity from the Controller of Patents within one year
  4. DAdvertise the assignment in any newspaper within thirty days without approaching the Registrar

Explanation

Section 42 provides that an assignment made otherwise than in connection with goodwill does not take effect unless the assignee applies to the Registrar for advertisement directions within six months (extendable by up to three months in aggregate) and advertises as directed. Option A ignores this condition. The Controller of Patents has no role in trade mark assignments.

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