Registration of assignments and transmissions
Section 45 of the Trade Marks Act, 1999 deals with registration of assignments and transmissions. Where a person becomes entitled by assignment or transmission to a registered trade mark, he shall apply in the prescribed manner to the Registrar to register his title, and the Registrar shall, on receipt of the application, register him as the proprietor of the trade mark in respect of the goods o The Act came into force on 15 Sep 2003.
1[45. Registration of assignments and transmissions.--(1) Where a person becomes entitled by assignment or transmission to a registered trade mark, he shall apply in the prescribed manner to the Registrar to register his title, and the Registrar shall, on receipt of the application, register him as the proprietor of the trade mark in respect of the goods or services in respect of which the assignment or transmission has effect, and shall cause particulars of such assignment or transmission to be entered on the register.
(2) The Registrar may require the applicant to furnish evidence or further evidence in proof of title only where there is a reasonable doubt about the veracity of any statement or any document furnished.
(3) Where the validity of an assignment or transmission is in dispute between the parties, the Registrar may refuse to register the assignment or transmission until the rights of the parties have been determined by a competent court and in all other cases the Registrar shall dispose of the application within the prescribed period.
(4) Until an application under sub-section (1) has been filed, the assignment or transmission shall be ineffective against a person acquiring a conflicting interest in or under the registered trade mark without the knowledge of assignment or transmission.]
Section 45, The Trade Marks Act, 1999 (Act 47 of 1999).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… the fact that in a case arising under the Trade Marks Act, 1999, when a plaintiff pleads an assignment of the trademark by the defendant, by way of relinquishment of the joint right in the said trademark, the burden is upon the plaintiff to prove the same, by way of sufficient materials, as per the provisions of Section 45 of the Trade Marks Act, 1999, read with Rule 68 of the Trade Mark Rules, 2002. The learned counsel appearing on behalf of the appellant in the present Original Side Appeals had further submitted that no such materials had been made available by the respondent, who was the plaintiff in the suit in C.S.No.513 of 2012. …
Questions about Section 45
What does Section 45 of the Trade Marks Act deal with?
Section 45 of the Trade Marks Act is headed "Registration of assignments and transmissions". [45. Registration of assignments and transmissions.--(1) Where a person becomes entitled by assignment or transmission to a registered trade mark, he shall apply in the prescribed manner to the Registrar to register his title, and the Registrar shall, on receipt of the application, register him as t
How do I find court cases under Section 45 of the Trade Marks Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Trade Marks Act 45, section 45 Trade Marks Act, section 45 of the Trade Marks Act. People searching for it also type trademark act section 1 and 45 and rule 45 of trademark act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 45 of the Trade Marks Act, and has it changed?
3 other provisions in this corpus refer back to it.
When did Section 45 of the Trade Marks Act come into force?
Section 45 of the Trade Marks Act, cited as Trade Marks Act 45, came into force on 15 Sep 2003, having been enacted on 30 Dec 1999. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions and interpretation1911 words
- 157. Power to make rules1216 words
- 11. Relative grounds for refusal of registration985 words
- 47. Removal from register and imposition of limitations on ground of non-use716 words
- 30. Limits on effect of registered trade mark657 words
- 29. Infringement of registered trade marks651 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.