Section 38(2) in The Trade And Merchandise Marks Act, 1958
(2)Notwithstanding anything contained in sub-section (1), an unregistered trade mark may be assigned or transmitted otherwise than along with the goodwill of the business concerned if-(a)at the time of assignment or transmission of the unregistered trade mark, it is used in the same business as a registered trade mark; and(b)the registered trade mark is assigned or transmitted at the same time and to the same person as the unregistered trade mark; and(c)the unregistered trade mark relates to goods in respect of which the registered trade mark is assigned or transmitted.
