law: Trade Marks Act, 1999  
  40. Restriction on assignment or transmission
  
  where multiple exclusive rights would be created.- 
  (1) Notwithstanding anything in sections 38
  
  and 39, a trade mark shall not be assignable or transmissible in case in which
  
  as a result of the assignment or transmission there would in the circumstance
  
  subsist, whether under this Act or any other law, exclusive rights in more than
  
  one of the persons concerned to the use, in relation to- 
  (a) same goods or
  
  services
  (b) same description
  
  of goods or services
  (c) goods or services
  
  or description of goods or services which are associated with each other.
  Of trade marks nearly resembling each other or
  
  of identical trade mark, if having regard to the similarly of the goods and
  
  services and to the similarity of the trade marks, the use of the trade marks
  
  in exercise of those rights would be likely to deceive or cause confusion.
  Provided  that an assignment or transmission
  
  shall not be deemed to be invalid under this sub-section if the exclusive
  
  rights subsisting as a result thereof in the persons concerned respectively
  
  are, having regard to limitations imposed thereon, such as not to be
  
  exercisable by two or more of those persons in relation to gods to be sold, or
  
  otherwise traded in, within India otherwise than for export there from, or in
  
  relation to good to be exported to the same market outside India or in relation
  
  to services for use at any place in India or any place outside India in
  
  relation to services available for acceptance in India.
  (2) The proprietor of a registered trade mark
  
  who proposes to against it may submit to the Registrar in the prescribed manner
  
  a statement of case setting out the circumstances and the Registrar may issue
  
  to him a certificate stating whether, having regard to the similarity of the
  
  goods or services and of the trade marks referred to in the case, the proposed
  
  assignment would or would not be invalid under sub-section (1), and a
  
  certificate so issued shall, subject to appeal and unless it is shown that the
  
  certificate was obtained by fraud or misrepresentation, be conclusive as to the
  
  validity or invalidity under sub-section (1) of the assignment insofar as such
  
  validity or invalidity depends upon the facts set out in the case , but as
  
  regards a certificate in favor of validity, only if application for the
  
  registration under section 45 of the title of the person becoming entitled is
  
  made within six months from the date of which the certificate is issued.