Kiran Foods owns the registered mark 'TASTY TREAT' for biscuits and chocolates. It wishes to assign the…

Section 38 makes a registered mark "assignable and transmissible, whether with or without the goodwill of the business concerned", in respect of all the goods or services "or of some only of those goods or services". Kiran Foods may therefore assign the mark for chocolates alone. Other provisions on assignment, such as section 40 on assignments likely to deceive and section 42 on assignments without goodwill, still apply.