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[Cites 0, Cited by 15] [Section 46] [Entire Act]

Union of India - Subsection

Section 46(1) in The Trade Marks Act, 1999

(1)No application for the registration of a trade mark in respect of any goods or services shall be refused nor shall permission for such registration be withheld, on the ground only that it appears that the applicant does not use or propose to use the trade mark if the Registrar is satisfied that—
(a)a company is about to be formed and registered under the Companies Act, 1956 (1 of 1956) and that the applicant intends to assign the trade mark to that company with a view to the use thereof in relation to those goods or services by the company, or
(b)the proprietor intends it to be used by a person, as a registered user after the registration of the trade mark.