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Chapter V - Assignment and Transmission

Section 44

Section 44: Transfer of associated marks

Associated trade marks can be assigned or transmitted only together, although otherwise treated as separate registrations subject to the Act.

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Need advice on Section 44?

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

Associated trade marks shall be assignable and transmissible only as a whole and not separately, but, subject to the provisions of this Act, they shall, for all other purposes, be deemed to have been registered as separate trade mark.

Rule and business relevance

The association affects transferability as a group. Before selling one mark, inspect whether it is registered as associated with another.

Limits and related provisions

Do not confuse associated marks with unrelated marks owned by the same proprietor. If a separate transfer is planned, any lawful dissolution of association must be addressed under the appropriate provision first.

Hypothetical business example

Hypothetical example: A business intends to sell one logo but discovers it is associated with another registered mark. It reviews the association rather than signing an isolated transfer immediately.

Practical decision flow

Check the register for associated marks.

Identify the complete associated group.

Structure the transfer as required or assess the lawful route to changing association.

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

  • Check the register for associated marks.
  • Identify the complete associated group.
  • Structure the transfer as required or assess the lawful route to changing association.

Avoid

  • Do not confuse associated marks with unrelated marks owned by the same proprietor. If a separate transfer is planned, any lawful dissolution of association must be addressed under the appropriate provision first.

Glossary

Associated group
Marks recorded as associated under the Act.
Whole-group transfer
The assignment or transmission rule stated for associated marks.

Frequently asked questions

Can an associated mark be transferred separately while association remains?

The section says associated marks are transferable only as a whole.

Are they identical registrations for all purposes?

No. Subject to the Act, they are otherwise deemed separately registered.

Where is dissolution of association addressed?

Section 16(5).

Need help applying this provision to your situation?

Contact Bizeneed

Last updated 10 October 2026