Section 45 of TMA : Section 45: Registration Of Assignments And Transmissions

Explanation using Example

Let's consider a hypothetical situation where a popular shoe company 'Sprintz' has been sold to a larger corporation 'FootGiant'. As part of the sale, the trade mark of 'Sprintz' is also transferred to 'FootGiant'. According to Section 45(1) of The Trade Marks Act, 1999, 'FootGiant' must apply to the Registrar to register their title to the 'Sprintz' trade mark. Once the application is received, the Registrar will register 'FootGiant' as the proprietor of the 'Sprintz' trade mark.

Now, suppose the Registrar has doubts about the authenticity of the documents provided by 'FootGiant'. According to Section 45(2), the Registrar can ask 'FootGiant' to provide more evidence to prove their title.

If, for example, the original owner of 'Sprintz' disputes the validity of the transfer, Section 45(3) states that the Registrar can refuse to register the transfer until a court determines the rights of the parties.

Lastly, let's assume another company 'QuickSteps' starts using the 'Sprintz' trade mark without knowing about the transfer to 'FootGiant'. According to Section 45(4), the assignment of the trade mark to 'FootGiant' is ineffective against 'QuickSteps' until 'FootGiant' files an application with the Registrar.