Trademark assignment deed genuineness remanded where unregistered mark still fell within SSI exemption wording

A gift deed relating to a trademark did not require compulsory registration, and exemption under Notification No. 8/2003-C.E. was available even where the mark was unregistered because paragraph 4 covers a mark "whether registered or not". Since the trademark was not registered on the date of the deed, no transfer application could then have been made to the registry. The Settlement Commission had also not addressed whether the assignor disputed the deed's genuineness. The finding on genuineness was therefore set aside and remitted for fresh consideration on that limited issue, with liberty to adduce further evidence.

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Issues: Whether the Settlement Commission's finding rejecting the genuineness of the assignment deed or gift deed relating to the trademark and, on that basis, denying SSI exemption required reconsideration.

Analysis: The gift deed did not require compulsory registration. For exemption under Notification No. 8/2003-C.E., a trademark need not be registered, since paragraph 4 expressly covers a mark "whether registered or not". On the date of the gift deed, the trademark had not yet been registered, so no application for transfer to the trademark registry could have been made then. The record also did not show any discussion by the Settlement Commission on whether the assignor disputed the genuineness of the deed. In these circumstances, the finding on genuineness of the assignment deed required reconsideration.

Conclusion: The finding on the genuineness of the assignment deed or gift deed was set aside and the matter was remitted to the Settlement Commission for fresh consideration on that limited issue, with liberty to adduce further evidence.

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