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What does section 37 of Trade Mark Act 1999 state:


Posted By Sarthak on 10 Jan 2018

Section 37, The Trade Mark Act, 1999 state as follow:

 

37. Power of registered proprietor to assign and give receipts.—The person for the time being entered in the register as proprietor of a trade mark shall, subject to the provisions of this Act and to any rights appearing from the register to be vested in any other person, have power to assign the trade mark, and to give effectual receipts for any consideration for such assignment.”

 

Section 37 of Trade Mark Act, 1999 was incorporated to give power to the owner of the registered trademark to further assign the mark. The owner of a registered trademark can as per the provision of this section assign or grant license to use the registered mark to any other person.

 

Hon’ble Delhi High Court in Morgardshammar India Limited & Ors. Vs. Morgardshammar AB, explains the provision of Section 37 of the Trade Mark Act, 1999 provides that “the registered proprietor has the power to assign the trade mark for any consideration and to give effectual receipts for any consideration for such assignment”.

 

Justice Rajiv Sahai Endlaw of hon’ble Delhi High Court in Sun Pharmaceuticals Industries Ltd. Vs. Cipla Ltd., stated that “Section 37 empowers the person entered in the Register as proprietor of trade make to assign the same.”

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