IPIN/1/GHA/TI1 Page 18 (3) Where" a person claiming to be the prop~ie~or of several trade marks, in respect of the same goods or description of goods, " which, while resembling each other in the material particulars thereof, yet differ in respect of-" (a) -statements of the goods in relation to which they are respectively used or proposed to be used; or (b) statements of number, price, quality or names of places; or (c) other matter of-a non.. distinctive character which does not substantiallyeffect the identity of the trade mark; or (d) colour -; seeks to register those trade marks, theymay "be registered as "a series in one registration, Powers of and restric.. tions on assignment 22& (1) Subject to this section, a registered "trademark shall be assignable and transmissible 'either in. -eoneectioa with the goodwill of a business ~or not, and trans.. mission, (2) Subject to this section, a registerec .ade mark shall be assignable and transmissible in respect either of an the goods in respect of which it is registered, <or of some {but not .all) of those goods. (3) Subsection (I) and (2) -o"r this section shall have effect in the case of an unregistered trade" mark used hi relation 'to any goods as they have effect in the case of a registered trade mark registered in respect of any goods, if at the time of the assignment or transmission of the unregistered 'trade mark 'it is used in 'the "same business as a registered trademark, jaffa ~j:fitisassigned"'ot transmitted at the same time and to the .same .person as that registered trade mark and in respect of goods all of which are .goods in-relation to which the unregistered trade mark is used 'in tilat business :a'[ri~ in respect of which that registered trade mark is assigned or transmitted.. > (4) Notwithstanding 'anything 'in subsections (1), (2) and (3) of this section, a trade mark shall not be "assignable at transmissible in a case in 'which as arestrltofanassignment 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 'relationto the samegoods or description of goods, of trade "marks nearly resembling each other or of identical trade marks, if, havingregard to the ":similarity of the goods and of the trade marks, the use of the trade :'mark"s :rn 'exercise of those rights would be likely to .deeeive 'or cause -confusioa..