No. 4907 Government Gazette 23 March 2012 Act No. 1, 2012 87 INDUSTRIAL PROPERTY ACT, 2012 disposition, either with or without the goodwill of the business concerned, or ownership or rights in such trade mark or application may be transferred by operation of law. (2) No cession or assignment as contemplated in subsection (1) is – (a) of any force or effect unless it is in writing and signed by or on behalf of the registered owner or, if the owner is deceased or ceased to exist, by the person authorised to dispose of the assets of the registered owner; (b) valid and enforceable against third parties unless it is recorded by the Registrar in the appropriate register on application by the new owner within 12 months after the date of the cession or assignment or such further time as the Registrar may allow on payment of the prescribed fee. Associated trade marks 162. (1) Where a trade mark that is registered or is the subject of an application for registration – (a) so resembles another trade mark that is registered; or (b) is the subject of an application for registration in the name of the same proprietor, that the use of both such trade marks by different persons in relation to goods or services in respect of which they are respectively registered or proposed to be registered would be likely to deceive or cause confusion, the Registrar may at any time require that the trade marks be entered in the register as associated trade marks. (2) Where a trade mark and any part or parts thereof are, by virtue of section 149(1), registered as separate trade marks in the name of the same proprietor, they are deemed to be, and must be registered as, associated trade marks. (3) Any association of a trade mark with any other trade mark registered in the name of the same proprietor is deemed to be an association with all trade marks associated with that other trade mark. (4) Trade marks that are registered as, or that are deemed by virtue of this Act to be, associated trade marks may only be assignable or transmissible together and not separately, but they must for all other purposes be deemed to have been registered as separate marks. (5) On application made in the prescribed manner by the registered proprietor of two or more trade marks registered as associated trade marks, the Registrar may dissolve the association as regards any of them if he or she is satisfied that there would be no likelihood of deception or confusion being caused if that trade mark were used by another person in relation to any of the goods or services in respect of which it is registered, and may amend the register accordingly.

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