Sections 43 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Sections 43 and 44 close the general rules on assignment with two special cases. A certification trade mark cannot be assigned or transmitted without the consent of the Registrar. Associated trade marks can be assigned or transmitted only as a whole and not separately, though for other purposes they are treated as separate marks. If your deal involves either kind, a trademark assignment transfer review before signing is wise.
Section 43: a certification trade mark "shall not be assignable or transmissible otherwise than with the consent of the Registrar", for which application is made in writing in the prescribed manner. Section 44: associated trade marks are assignable and transmissible only as a whole and not separately, but, subject to the Act, they are deemed registered as separate trade marks for all other purposes.
Section 43: certification trade marks
"A certification trade mark shall not be assignable or transmissible otherwise than with the consent of the Registrar, for which application shall be made in writing in the prescribed manner."
| Element | Text | Meaning |
|---|---|---|
| Which marks | A certification trade mark | A mark that certifies the goods or services of others (see certification trade marks under the Act) |
| Rule | Not assignable or transmissible "otherwise than with the consent of the Registrar" | The Registrar's consent is a condition for assignment and for transmission |
| How | "application shall be made in writing in the prescribed manner" | A written application; the manner is prescribed in the Trade Marks Rules, 2017 |
Two points to note.
- Both assignment and transmission are covered. The section uses both words, so a transfer on death or by succession also needs consent.
- The section gives no criteria. It does not say what the Registrar considers in deciding whether to consent, nor a time within which he must decide. The text is silent. For the regime around certification marks, see the later articles in this series, including sections 69-70.
This is a stricter rule than for ordinary marks, which under section 38 are assignable and transmissible without any requirement of consent, subject to the Chapter.
Example. The "GreenLeaf Standard" certification mark is registered in the name of the GreenLeaf Quality Council, which certifies organic produce. The Council wishes to transfer the mark to a successor body. Under section 43 the transfer needs the Registrar's consent, applied for in writing in the prescribed manner.
Section 44: associated trade marks
"Associated trade marks shall be assignable and transmissible only as a whole and not separately, but, subject to the provisions of this Act, they shall, for all other purposes, be deemed to have been registered as separate trade marks."
| Element | Text | Meaning |
|---|---|---|
| Which marks | "Associated trade marks" | Marks that are associated under the Act; see section 16 |
| Assignment and transmission | "only as a whole and not separately" | The set must go together; one cannot be transferred apart from the others |
| Other purposes | "deemed to have been registered as separate trade marks" | For everything else, each is treated as its own registration, subject to the Act |
What "as a whole" means in practice
Associated marks stay in one set for assignment and transmission. If a proprietor has several associated marks, a deed that transfers only one, leaving the others with the seller, does not fit section 44. The section says the marks are assignable and transmissible "only as a whole and not separately". For a deal that wants to part with only some marks, the reading of section 16 on when marks are treated as associated is the place to begin; see associated trade marks, section 16.
"Deemed to have been registered as separate trade marks"
This phrase works in the other direction. Apart from assignment and transmission, each associated mark is treated as a separate registration, "subject to the provisions of this Act". The text does not list what those other purposes are, so check the Act and the Rules for the point you care about.
How sections 43 and 44 differ
| Point | Section 43 (certification marks) | Section 44 (associated marks) |
|---|---|---|
| Restriction | Registrar's consent needed | Marks must go together |
| Application | In writing, in the prescribed manner | None mentioned in the section |
| Assignment and transmission | Both covered | Both covered |
| Other purposes | Not addressed | Treated as separate registrations |
| Criteria stated | None | None |
Other provisions in the same Chapter
- Sections 40-41: bar assignments creating overlapping or place-limited exclusive rights likely to deceive or confuse.
- Section 42: conditions where goodwill is not transferred.
- Section 45: registration of the new owner's title.
Example. Kiran Foods owns three associated marks: "KIRAN", "KIRAN GOLD" and "KIRAN PURE" for edible oils. It sells the "KIRAN GOLD" mark alone to a competitor. Section 44 says associated marks are assignable and transmissible only as a whole; the sale of one mark alone does not fit. To transfer, Kiran Foods would have to deal with the associated marks together, or take advice on whether they stay associated.
What sections 43-44 do not say
- They do not state a fee or form.
- Section 43 gives no criteria for consent and no deadline.
- Section 44 does not say how association is ended or whether it can be.
- Neither says what happens to an assignment made in breach; take advice before relying on one.
Practical points
- Check the type of mark. A certification mark or an associated set triggers special rules.
- For a certification mark, apply in writing for consent first.
- For associated marks, list the whole set in the deed.
- Do not split sets without advice. Section 44 bars separate assignment.
- Record the new title. Section 45 and the Rules cover the register entry.
Need help assigning a certification or associated mark?
Where the Registrar's consent is needed, or a set of associated marks must travel together, the deed and application have to match the Act. Our trademark assignment transfer team prepares the application for consent, the assignment deed and the recording of the new owner.
Key takeaways
- A certification trade mark cannot be assigned or transmitted without the Registrar's consent, applied for in writing in the prescribed manner.
- Associated trade marks are assignable and transmissible only as a whole, not separately.
- For other purposes, associated marks are deemed registered as separate marks, subject to the Act.
- The sections state no criteria for consent, no deadline and no fee.
Read next
- Section 42: assignment without goodwill of business
- Section 16: associated trade marks
- Certification trade marks under the Act
- Trademark assignment deed: draft template
Disclaimer: Based on the Trade Marks Act, 1999 as amended by the Tribunals Reforms Act, 2021 and the Jan Vishwas (Amendment of Provisions) Act, 2023, as consulted on 1 October 2026. Forms, fees and procedure are set by the Trade Marks Rules, 2017 as amended from time to time. This article is general information, not legal advice; check the official text before acting.