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

Under the Trade Marks Act, 1999, Mehta Foods assigns its registered trade mark for biscuits and namkeen. It wishes to assign the mark only for namkeen and to retain biscuits, and to do so without transferring the goodwill of its business. Which statement is correct?

Mehta Foods may assign the mark for namkeen alone without goodwill. Section 38 states that a registered trade mark is assignable and transmissible with or without the goodwill of the business, and in respect of all or only some of the registered goods or services, subject to the Chapter.

  1. AAssignment is valid only if all goods and the goodwill are transferred together
  2. BAssignment is valid only with goodwill but may cover some goods
  3. CAssignment is valid only for all goods but may be without goodwill
  4. DAssignment may be with or without goodwill and for all or only some of the registered goodsCorrect

Explanation

Section 38 makes a registered mark assignable and transmissible, whether with or without goodwill, and for all or only some of the goods or services, subject to the Chapter's provisions. The other options impose conditions that the section does not.

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