Chapter V - Assignment and Transmission
Section 37
Section 37: Registered proprietor’s assignment power
The registered proprietor has power to assign a mark and give effective receipts for the assignment consideration, subject to the stated rights and restrictions.
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This article is for general information. Refer to the Trade Marks Act, 1999 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.
Statutory text
Bare law
The person for the time being entered in the register as proprietor of a trade mark shall, subject to the provisions of this Act and to any rights appearing from the register to be vested in any other person, have power to assign the trade mark, and to give effectual receipts for any consideration for such assignment.
Rule and business relevance
The relevant person is the person currently entered as proprietor. The Act and rights shown in the register as vested in others qualify that power.
Limits and related provisions
A proprietor’s signature alone does not eliminate registered restrictions or the other transfer provisions. Check title and the complete register before completing the transaction.
Hypothetical business example
Hypothetical example: A buyer checks that the seller is the current registered proprietor and identifies other recorded rights before paying the assignment price.
Practical decision flow
Verify the current registered proprietor.
Review other rights and restrictions appearing on the register.
Document the assignment and receipt of consideration under the applicable transfer provisions.
Applying the Act and current procedure
Read the statutory rule together with the applicable Trade Marks Rules, current Registry directions and the facts of the particular mark. Forms, fees and procedural requirements should be checked against their current official source before filing.
Practical checklist
Do
- Verify the current registered proprietor.
- Review other rights and restrictions appearing on the register.
- Document the assignment and receipt of consideration under the applicable transfer provisions.
Avoid
- A proprietor’s signature alone does not eliminate registered restrictions or the other transfer provisions. Check title and the complete register before completing the transaction.
Glossary
- Registered proprietor
- The person entered as proprietor at the relevant time.
- Assignment consideration
- The agreed value paid for the assignment.
Frequently asked questions
Does the registered proprietor have assignment power?
Yes, subject to the Act and other rights appearing from the register.
Should other recorded rights be ignored?
No. They expressly qualify the power.
Does this replace registration of the transfer?
No. Section 45 and other applicable requirements must also be considered.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026