Distinguish between 'assignment of a trademark' and 'transmission of a trademark' under the Trade Marks Act, 1999.

CS Executive · Economic and Commercial Laws · PYQS · June 2016
Distinguish between 'assignment of a trademark' and 'transmission of a trademark' under the Trade Marks Act, 1999.

Answer & Explanation:

As per Section 2(1)(b) of the Trade Marks Act, 1999 "assignment" means an assignment in writing by act of the parties concerned; As per Section 2(1)(zc) of the Trade Marks Act, 1999 "transmission" means transmission by operation of law, devolution on the personal representative of a deceased person and any other mode of transfer, not being assignment; Assignment or transmission of a trade mark refers to the process by which proprietorship of a registered trade mark/ trade mark whose registration is being sought, is passed from one party to another/ devolves upon the other party, as the case may be. Any registered trade mark can be assigned or transmitted with or without goodwill. Any person who becomes entitled by assignment or transmission to a registered trade mark should apply for registration of the assignment/transmission, as the case may be, in the prescribed manner. Section 37 to 45 of the Trade Marks Act, 1999 deals with provisions regarding assignment and transmission of trademarks.

Topics: Trade Marks Act, 1999

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