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.
A
permitted user has no right to act against infringement whereas a registered
user may institute action against any infringement.
A
registered user cannot assign or initiate transmission of any trademark for
which it’s registered.
An
assignment or transmission of any TM can only be carried out by the registered proprietor
(owner) of the said TM.
A
registered user has no exclusive rights over the TM, nor the permitted user.
A
registered user or permitted user can be considered as licensee.
The
registration of any such licensing agreement in TM is voluntary.
An
assignment in TM can be with or without the goodwill; partial or restricted or absolute.
Means, assignment w.r.t. the goods or services registered/unregistered, or,
assignment without the goods or services registered/unregistered.
An
assignment can be done of unregistered TMs too, with or without the goodwill,
as registration of TM is prima facie. So as in case of transmission via any operation
of law.
© Pranav Chaturvedi
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