Section 40 of TMA : Section 40: Restriction On Assignment Or Transmission Where Multiple Exclusive Rights Would Be Created
TMA
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Explanation using Example
Let's consider a hypothetical situation where Company A owns a registered trade mark for their popular brand of sports shoes. Company B, which is known for its line of athletic wear, wishes to acquire the trade mark from Company A. However, Company B already owns a trade mark for a brand of sports shoes that is nearly identical to Company A's trade mark.
In this case, according to Section 40 of The Trade Marks Act, 1999, the trade mark of Company A ca...
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