- Date of judgment
- Judge
- Anil Kshetarpal
- Outcome
- Injunction granted
Headnote
Review of an earlier appellate judgment dismissed. The applicant contended that the judgment had proceeded on the Trade Marks Act, 1999 when the transaction fell under the Trade and Merchandise Marks Act, 1958. The Court held the two provisions parallel: both section 44 of the 1958 Act and section 45 of the unamended 1999 Act contain a proviso allowing the Registrar to refuse registration of an assignment until the rights of the parties are determined by a competent court. Since the statute itself contemplates the civil court deciding validity and enforceability of an assignment deed, such deeds must be admissible in evidence in a suit where that question arises. Brakes International and Patel Field Marshal were distinguished on their facts.
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.