Trade Marks Act, 1999
Section - 41 - Restriction on assignment or transmission when exclusive rights would be created in different parts of India
Restriction on assignment or transmission when exclusive rights would be created in different parts of India.41. Notwithstanding anything in sections 38 and 39, a trade mark shall not be assignable or transmissible in a case in which as a result of the assignment or transmission there would in the circumstances subsist, whether under this Act or any other law-
| (a) | - | an exclusive right in one of the persons concerned, to the use of the trade mark limited to use in relation to goods to be sold or otherwise traded in, in any place in India, or in relation to services for use, or services available for acceptance in any place in India; and |
| (b) | - | an exclusive right in another of these persons concerned, to the use of a trade mark nearly resembling the first-mentioned trade mark or of an identical trade mark in relation to- |
| (i) | - | the same goods or services; or |
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