IPIN! I/GHA/T 11 Page 20 (8) ;-Oi1 application in the prescribed manner by the proprietor of a trade mark who proposes to assign it, or of a person who claims that a trade mark 'has been transmitted to him or to a prede... cessor in title ofhisin any such case as is referred to subsection (7), the Registrar, if he is satisfied that in, all the circumstances the' use of the trade mark in exercise of the said rights would not be contrary to the public interest, may approve the assignment or transmission, and an assignment or transmission so approved shall not be deemed to be, or to have been, invalid under subsection (7) or subsection (4) of this section so, however, that in the case of a registered trade mark this sub;ection shall not have effect unless application for the registration under section 25 of this Act of the title of the per~on becoming entitled is made within six months from the date on which the approval is given Of, in the case of a transmission, was made before that date. . (9) Where an assignment in respect of any goods of a trade mark that is at the time of the assignment used in a business in those goods is made otherwise than in connection with the goodwill of that business, the assignment shall not take effect until, in pursuance of an application made by the assignee in the prescribed manner to the Registrar within a period of six months from the date on which the assignment is made (or within such extended period, if any, as the Registrar may allow) a notice of the assignment is published in the Gazette. Certain trade marks to be associated so as to be assignable as and transmissible as a whole only. or 23.. (1) Trade marks that are registered as, that are deemed by virtue of this Act to be, associated trade marks shall be assignable and transmissible only as a whole and not separately, but they shall for all other purposes be deemed to have been registered. as separate trade marks. (2) Where a trade mark that is registered, or is the subject of an application for registration, in respect of any goods is identical with another trade mark -that is registered, or is the subject of an application for registration, in the name of the .same proprietor in respect of the same goods or description of goods, or so nearly resembles it as to be likely to deceive or cause confusion if used by a person other than the proprietor, the Registrar may at any time require that the trade marks shall be entered on the register as associated trade marks" (3) Where a trade mark and any part or parts thereof are, by virtue ofsubsection (1) ofseetion 21 of this Act, registered as separate trade marks in the name of the same proprietor, they shall be deemed to be, and shall be registered as, associated trade marks. (4) All trade marks that are, by virtue of subsection (3) of section 21 of this Act, registered as a series in one registration shall be deemed to be, and shall be registered, as, associated trade marks.

Sélectionner le paragraphe cible3

Se connecter à un paragraphe
Connect to an entity
Disable highlights
Ajouter à la table des matières