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Section54
The Trade Marks Act, 1999

Registered user not to have right of assignment or transmission

In force From 15 Sep 2003 Act 47 of 1999 As on 17 Oct 2026

Act 47 of 1999 Ministry Commerce and Industry Enacted 30 Dec 1999 In force 15 Sep 2003 Cited by 1 provision

Section 54 of the Trade Marks Act, 1999 deals with registered user not to have right of assignment or transmission. Nothing in this Act shall confer on a registered user of a trade mark any assignable or transmissible right to the use thereof. The Act came into force on 15 Sep 2003.

Nothing in this Act shall confer on a registered user of a trade mark any assignable or transmissible right to the use thereof.

Explanation I.--The right of a registered user of a trade mark shall not be deemed to have been assigned or transmitted within the meaning of this section in the following cases, namely:--

(a) where the registered user being an individual enters into a partnership with any other person for carrying on the business concerned; but in any such case the firm may use the trade mark, if otherwise in force, only for so long as the registered user is a member of the firm;

(b) where the registered user being a firm subsequently undergoes a change in its constitution; but in any such case the reconstituted firm may use the trade mark, if otherwise in force, only for so long as any partner of the original firm at the time of its registration as registered user, continues to be a partner of the reconstituted firm.

Explanation II.--For the purposes of Explanation I, "firm" has the same meaning as in the Indian Partnership Act, 1932 (9 of 1932).

Section 54, 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.

Referred to by 1

  1. s. 69 Certain provisions of this Act not applicable to certification trade marks

Questions about Section 54

What does Section 54 of the Trade Marks Act deal with?

Section 54 of the Trade Marks Act is headed "Registered user not to have right of assignment or transmission". Nothing in this Act shall confer on a registered user of a trade mark any assignable or transmissible right to the use thereof.

How do I find court cases under Section 54 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 54, section 54 Trade Marks Act, section 54 of the Trade Marks 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 54 of the Trade Marks Act, and has it changed?

1 other provision in this corpus refers back to it.

When did Section 54 of the Trade Marks Act come into force?

Section 54 of the Trade Marks Act, cited as Trade Marks Act 54, 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

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 17 Oct 2026. This page is not a substitute for legal advice.