Trade Marks Act, 1999

Section 45
Trade & Merchandise Marks Act, 1958
Section 44

Validity of the assignment. Interpretation of Section 45
A bare reading of section 45 of the Trade Marks Act would show that it is not for the Registrar to adjudicate upon dispute between the assignor and the assignee. The Registrar is to register the title on receipt of the application and on proof of the title. Proof of the title is the first requirement for registration by the Registrar. Thus, the Registrar must satisfy himself, whether the document suffers from any legal infirmity with regard to its validity or formation, and also whether the assignment is invalid or violates any of the provisions of the Trade Marks Act. The Registrar may also satisfy himself whether the documents have been executed by misrepresentation or fraud. The order dated 22.2.2008 of the IPAB while examining the Deed of Assignment dated 1.4.1999 clearly records "there are no acts specified in the Deed of assignment which are required to be performed before transfer was to be completed. At least no such clauses in the assignment Deed have been brought to our attention by learned counsel for the assignor/appellant". Thus it can be said that there is no error apparent on the face of the Deed of Assignment dated 1.4.1999.
Trade Marks Act, 1999
Section 48
Trade & Merchandise Marks Act, 1958
Section 44
When there is no apparent t on the face of the Deed of Assignment and petitioner having failed to prove that any dispute was pending in any court of law relating to the cancellation or validity of the assignment Deed then when once an Assignment Deed has been executed, the assignor ceases to have any right, title or interest in the property assigned . It is not open to the assignor to cancel the assignment by means of a communication therefore no infirmity in the impugned order.
Writ petition dismissed.