Section 2. Notwithstanding anything in sections 29 and 30,

32. Notwithstanding anything in sections 29 and 30, Restriotlons on assign- trade mark shall not be assignable or transmissible transmission ment or in a case in which as a result of the assignment or- trans- ;:;;g;z- mission there would in the circumstances subsist EaEsn whether under this Act or any other law, an exclusive `",%st` right in one of the persons ooncerned to the use of the k i t h trade mark limited to use in relation to goods to be sold, or otherwise traded in, in any place in British India and an exclusive right in another of these persons to the use of a trade mark nearly resembling the first-mentioned trade mark or of an identical trade mark in relation to the same goods or description of goods limited to use in relation to goods to be sold, or otherwise traded in, in any other place in British 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 Itegistrar,-if he is satisfied that in all the circumstances the use of the trade mark in exercise of the said rights would not be contrary to the public interest, may 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 31 if application for the registration under section 35 of the title of the person I I ! becoming 23 F ? I `[ACT v` Trade" Marks becoming entitled is made within six months from thw date on which the approval is given or, in the case of `s` tran~mission, was made before that date. Conditlone b 1 `1` 1 i I `I` `OF` 19401 T ~ a d e Marks - (k) '' registered user " means a person who is for the time being registered as such uuder section 41 ; - ( I ) c ' trade mark " means a mark used or proposed to be used in relation to goods for the purpose of indicating or eo as to indicate a connection in the course of trade between the goods and some person having the right, either as proprietor or as registered user, to use the mark whether with or without any indication of the identity of that person ; - (m) c c transmission " means transmission by operation of law, devolution on the personal representative of `s` deceased person and any other mode of transfer, not being assignment ; - (n) " tribunal " means the Registrar or, as the case may be, the Court before which the proceeding conoerned is pending. (2) References in this Act to the use of a mark shall be construed as references to the use of a printed or other visual representation of the mark, and references herein to the use of a mark in relation to goods shall be construed as references to the use thereof upon, or in any other relation whatsoever to, such goods. 3. The provisions of this Act shall be in addition A piioation to, and not in derogation of the provisions of any other not barred. law for th.r time being in force. o? other lawe