Wednesday, May 25, 2022

Registered Proprietor, Registered or Permitted User & Assignment in TM

 

An assignment in TM can’t create parallel exclusive rights nor territorial different exclusive rights, for similar goods or services.

A registered user is the user of any registered TM, u/s 49; becomes registered, post filing a proposed application for the same jointly with registered proprietor of the said TM (owner); along with the TM user agreement executed with the latter; whereas, a permitted user is the user of the trade mark permitted to use by the registered proprietor via written agreement.

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