Section 46:
Proposed use of trade mark by company to be formed, etc.
(1) No application for the
registration of a trade mark in respect of any goods or services shall be refused nor shall permission for
such registration be withheld, on the ground only that it appears that the applicant does not use or propose
to use the trade mark if the Registrar is satisfied that--
(a) a company is about to be formed and registered under the Companies Act, 1956 (1 of 1956)
and that the applicant intends to assign the trade mark to that company with a view to the use thereof
in relation to those goods or services by the company, or
(b) the proprietor intends it to be used by a person, as a registered user after the registration of the
trade mark.
(2) The provisions of section 47 shall have effect, in relation to a trade mark registered under the
powers conferred by this sub-section, as if for the reference, in clause (a) of sub-section (1) of that
section, to the intention on the part of an applicant for registration that a trade mark should be used by
him there were substituted a reference to the intention on his part that it should be used by the company or
registered user concerned.
(3) The 1[Registrar or the High Court, as the case may be,] may, in a case to which sub-section (1) applies, require the applicant to give security
for the costs of any proceedings relating to any opposition or appeal, and in default of such security being
duly given, may treat the application as abandoned.
(4) Where in a case to which sub-section (1) applies, a trade mark in respect of any goods or services
is registered in the name of an applicant who, relies on intention to assign the trade mark to a company,
then, unless within such period as may be prescribed or within such further period not exceeding six
months as the Registrar may, on application being made to him in the prescribed manner, allow, the
company has been registered as the proprietor of the trade mark in respect of those goods or services, the
registration shall cease to have effect in respect thereof at the expiration of that period and the Registrar
shall amend the register accordingly.
Notes:
1.Subs. by Act 33 of 2021, s. 21, for “tribunal” (w.e.f. 4-4-2021).