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Chapter V - Assignment and Transmission

Section 43

Section 43: Transfer of certification marks

Assignment or transmission of a certification trade mark requires the Registrar’s consent.

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Need advice on Section 43?

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.

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Statutory text

Bare law

A certification trade mark shall not be assignable or transmissible otherwise than with the consent of the Registrar, for which application shall be made in writing in the prescribed manner.

Rule and business relevance

The application for consent must be made in writing in the prescribed manner. A certification mark’s special role warrants checking the other certification provisions too.

Limits and related provisions

Do not rely only on the general transfer permissions for ordinary marks. Consent under this section and recording title under section 45 are distinct matters.

Hypothetical business example

Hypothetical example: A certification body reorganises its ownership of a certification mark. It seeks the prescribed written consent before treating the transfer as permitted.

Practical decision flow

Confirm the mark is a certification trade mark.

Submit the written prescribed consent application.

Complete the remaining applicable title and register requirements.

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

  • Confirm the mark is a certification trade mark.
  • Submit the written prescribed consent application.
  • Complete the remaining applicable title and register requirements.

Avoid

  • Do not rely only on the general transfer permissions for ordinary marks. Consent under this section and recording title under section 45 are distinct matters.

Glossary

Certification trade mark
The special statutory category governed by the certification framework.
Registrar’s consent
The permission required for its assignment or transmission.

Frequently asked questions

Can a certification mark be transferred without consent under this rule?

No. The section requires the Registrar’s consent.

Must the application be written?

Yes, and in the prescribed manner.

Does consent alone replace every registration step?

No. Other applicable transfer and recording requirements should also be checked.

Need help applying this provision to your situation?

Contact Bizeneed

Last updated 10 October 2026