Whether trademark can be assigned with retrospective effect

Hi, friends please help me to know whether under the trademarks act, a mark can be assigned by the with retrospective effect, is it permissible under the law of assignment or not. Section 37 to 45 of the Act, deals with assignment mark however its effect whether prospective or retrospetive is not provided therein. Hence please help me with this.


Thanking you,  


TM is a form of Intellectual Property.

The word Property signifies that TM's have all the attribues of property. As we can not sell our physical property with retrospetive effect. Simarly we cannot sell TM's with retrospetive effect. But if an aggrement to sell has been made in an earlier date then it can be assigned. 




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