Act 17 Trademarks Act 2010 (2) A registered trademark relating to goods or services shall be assignable and transmissible in respect of all the goods in respect of which it is registered or of some of those goods or services. (3) Subsections (1) and (2) shall have effect in the case of an unregistered trademark used in relation to any goods or services as they have effect in the case of a registered trademark registered in respect of any goods or services, if at the time of the assignment or transmission of the unregistered trademark— (a) the mark is or was used in the same business as a registered trademark; and (b) the mark was assigned or transmitted at the same time and to the same person as that registered trademark and in respect of goods or services all of which are goods or services in relation to which the unregistered trademark was used in that business and in respect of which that registered trademark is or was assigned or transmitted. (4) Notwithstanding subsections (1), (2) and (3), a trademark shall not be assignable or transmissible in a case in which as a result of an assignment or transmission there would in the circumstances subsist whether under the common law or by registration, exclusive rights in more than one of the persons concerned to the use, in relation to— (a) the same goods or services; (b) the same description of goods or services; or (c) goods or services or descriptions of goods or services which are associated with each other, of trademarks nearly resembling each other or of identical trademarks, if having regard to the similarity of the goodsor services or the association of goods or services or descriptions of goods or services and to the similarity of the trademarks, the use of the trademarks in exercise of those rights, would be likely to deceive or cause confusion. 27