Section 31. _

31. (1) Notwithstanding anything in sections 29 and 30, a trade mark shall not be assignable or transmissible in a case in which as a result of the assignment or transmission there would in the circumstances subsist, whe, ther under this Act or any other law, exalusive rights in more than one of the persons concerned to the use, in relation to the same goods or description of'goods, of trade marks nearly resembling each other or of identical trade marks, if, having regard to the similarity of the goods and of the trade marks, the use of the trade marks in exercise of those rights would be likely to deceive or cause confusion : Provided that an assignment or transmission shall not be deemed to be invalid under this sub-section if the exclusive rights subsisting as a result thereof in the persbns concerned respectively are, having regard to limitations imposed thereon, such as not to be exercisable by two or more of those persons in relation to goods to be sold, or otherwise traded in, within British India (otherwise than for export therefrom), or in relation to goods to be exported to the same market outside British India. (2) The proprietor of a registered trade mark who proposes to assign it may submit to the Registrar in the prescribed manner a statement of case setting out tho circumstances and the Registrar may issue to him a certificate stating whether, having regard to the similarity `#OF` 19401 Trade Marks similarity of the goods and of the trade marks referred .to in the case, .the proposed assignment would or mould not be invalid under sub-section (I), and a certificate so issued shall, subject .to appeal and unless it is shown that the certificate was obtained by fraud or misrepresedtation, be cotdu~ive as to the validity or invalidity under sub-section (I) of the assignment in so far as such validity or invalidity depends upon the facts set out in the oase, but, as regards a certificate in favour of validity, only if application for the registration under section.35 of the title of the person becoming entitled is made within six months from the date on which the certificate is issued.