Chapter V - Assignment and Transmission
Section 45
Section 45: Registering assignments and transmissions
A person acquiring a registered mark by assignment or transmission must apply to record the new title with the Registrar.
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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
(1) Where a person becomes entitled by assignment or transmission to a registered trade mark, he shall apply in the prescribed manner to the Registrar to register his title, and the Registrar shall, on receipt of the application, register him as the proprietor of the trade mark in respect of the goods or services in respect of which the assignment or transmission has effect, and shall cause particulars of such assignment or transmission to be entered on the register.
(2) The Registrar may require the applicant to furnish evidence or further evidence in proof of title only where there is a reasonable doubt about the veracity of any statement or any document furnished.
(3) Where the validity of an assignment or transmission is in dispute between the parties, the Registrar may refuse to register the assignment or transmission until the rights of the parties have been determined by a competent court and in all other cases the Registrar shall dispose of the application within the prescribed period.
(4) Until an application under sub-section (1) has been filed, the assignment or transmission shall be ineffective against a person acquiring a conflicting interest in or under the registered trade mark without the knowledge of assignment or transmission.
Rule and business relevance
Further title evidence may be required where reasonable doubt exists about a statement or document. A disputed transfer may await a competent court’s decision. Before the application is filed, the transfer is ineffective against a conflicting-interest acquirer without knowledge of it.
Limits and related provisions
Do not describe failure to apply as automatically voiding every aspect of the transfer between all persons. The specific third-party consequence and other transfer conditions require separate analysis.
Hypothetical business example
Hypothetical example: A purchaser promptly applies to register its acquired title instead of relying solely on a signed deed, reducing the risk posed by an unaware conflicting-interest acquirer.
Practical decision flow
Confirm the basis and goods or services covered by the acquired title.
File the prescribed registration application with accurate documents.
Resolve any title dispute and track register updates.
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 basis and goods or services covered by the acquired title.
- File the prescribed registration application with accurate documents.
- Resolve any title dispute and track register updates.
Avoid
- Do not describe failure to apply as automatically voiding every aspect of the transfer between all persons. The specific third-party consequence and other transfer conditions require separate analysis.
Glossary
- Title registration
- Recording the assignee or successor as proprietor for the affected goods or services.
- Conflicting interest
- An interest acquired without knowledge of the earlier transfer in the circumstances of subsection (4).
Frequently asked questions
Can the Registrar demand further proof without any basis?
Subsection (2) ties further evidence to reasonable doubt about the veracity of a statement or document.
What if transfer validity is disputed?
The Registrar may refuse registration until a competent court determines the parties’ rights.
What is the specific risk before filing the application?
The transfer is ineffective against the described acquirer of a conflicting interest without knowledge.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026