Section 41: Restriction on assignment or transmission when exclusive rights would be created in different parts of India

Q: What does Section 41 of The Trade Marks Act, 1999 (TMA) deal with?

Section 41 TMA pertains to "Restriction on assignment or transmission when exclusive rights would be created in different parts of India". It is part of the The Trade Marks Act, 1999, a legislation enacted by the Parliament of India. Section 41 of The Trade Marks Act, 1999 (TMA) governs restriction on assignment or transmission when exclusive rights would be created in different parts of India. As verified on 19 May 2026.

Q: Is Section 41 TMA still in force?

Yes, Section 41 of the The Trade Marks Act, 1999 is currently in force across the Republic of India.

Q: What is धारा 41 TMA?

धारा 41 TMA is the Devanagari Hindi reference for Section 41 of the The Trade Marks Act, 1999. Section 41 of The Trade Marks Act, 1999 (TMA) governs restriction on assignment or transmission when exclusive rights would be created in different parts of India. As verified on 19 May 2026.

Q: What is Dhara 41 TMA?

Dhara 41 TMA is the Roman Hindi reference for Section 41 of the The Trade Marks Act, 1999. "Dhara" means "Section" in Hindi. Section 41 of The Trade Marks Act, 1999 (TMA) governs restriction on assignment or transmission when exclusive rights would be created in different parts of India. As verified on 19 May 2026.

Q: How to cite Section 41 of The Trade Marks Act, 1999?

Cite as: "Section 41, The Trade Marks Act, 1999 (TMA)" in legal briefs. For academic writing, use the BlueBook format: The Trade Marks Act, 1999, § 41 (India).

Law on Tips Editorial Board

Notwithstanding anything in sections 38 and 39, a trade mark shall not be assignable or transmissible in a case in which as a result of the assignment or transmission there would in the circumstances subsist, whether under this Act or any other law—

(a) an exclusive right in one of the persons concerned, to the use of the trade mark limited to use in relation to goods to be sold or otherwise traded in, in any place in India, or in relation to services for use, or services available for acceptance in any place in India; and

(b) an exclusive right in another of these persons concerned, to the use of a trade mark nearly resembling the first-mentioned trade mark or of an identical trade mark in relation to—