law: Trade Marks Act, 1999  
  41. Restriction on assignment or transmission
  
  when exclusive rights would be created in different parts of India.- 
  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 trade in, in any place in India, or in relation to
  
  services for use, or services available for a 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 - 
  (i) the same goods or
  
  services, or
  (ii) the same
  
  description of goods or services, or
  (iii) services which
  
  are associated with those goods or goods of that description or goods which are
  
  associated with those services or services of that description, limited to use
  
  in relation to goods to be sold or otherwise traded in, or services for use, or
  
  available for acceptance, in any other place in India.
  Provided  that in any such case, on application
  
  in the prescribed manner by the proprietor of a trade mark who proposes to
  
  assign it, or by a person who claims that a registered trade mark has been
  
  transmitted to him or to a predecessor in title of his since the commencement
  
  of this Act, the Registrar, if he is satisfied that in all the circumstances
  
  the use of the trade mark in exercise of the said rights would not be a
  
  transmission so approve the assignment or transmission, and an assignment or
  
  transmission so approved shall not, unless it is shown that the approval was
  
  obtained by fraud or misrepresentation, be deemed to be invalid under this
  
  section or section 40 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 approval is given or, in the case of a transmission, was made
  
  before that date.