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Assignment / Transmission Of Trade Mark

The right to a trademark is capable of being transferred by way of assignment and/or transmission. The assignment of a trademark must be in writing specifying the terms and conditions of transfer. Any person who becomes entitled to a trademark by virtue of assignment or transmission can file appropriate request for the recording of his name as subsequent registered proprietor of the mark assigned or transmitted. An action for infringement of a trademark can be sustained only by the registered proprietor, which includes the person whose name has been entered in the register as a subsequent registered proprietor. The Registrar of Trade Marks, while affecting changes in the proprietorship of the trademark, has a legal obligation to adhere to the principles of natural justice.

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