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Guided answer
I want to sell or transfer my trademark
Transfer rules turn on whether the mark is registered, whether goodwill goes with it, and whether the transfer splits the rights.
A transfer that splits exclusive rights is restricted.
High complexity - significant legal consequences
- A mark cannot be assigned or transmitted if the result would be exclusive rights in more than one person for the same or associated goods or services where the marks are identical or similar enough to cause confusion, unless territorial or other limitations prevent those rights from being exercised together (section 40).
- A similar restriction applies to splitting exclusive rights by region within India; the Registrar may approve the transfer if it is not contrary to the public interest (section 41).
- The proprietor can ask the Registrar for a certificate on a proposed assignment before completing it (section 40).
Not sure whether this applies to your invention?
The honest answer usually needs someone to look at your actual disclosure, your timeline and the prior art. That is a conversation, not an article.