TRADE MARKS ACT any other person, have power to assign the trade mark and to give effectual receipts for any consideration for an assignment thereof. ss 24–27 30 Certain trade marks to be associated so as to be assignable and transmissible as a whole only 29 Registration of assignments and transmissions (1) Where a person becomes entitled by assignment or transmission to a registered trade mark, he shall make application to the Registrar to register his title, and the Registrar shall, on receipt of the application and on proof of title to his satisfaction— (a) register him as the proprietor of the trade mark in respect of the goods or services in respect of which the assignment or transmission has effect; and (b) cause particulars of the assignment or transmission to be entered on the Register. (2) An application in terms of subsection (1) to register the assignment or transmission of a registered trade mark shall specify the effective date of the assignment or transmission and if the application is made more than twelve months after that date the applicant shall pay such penalty as is prescribed. (3) Where the Registrar, in examining an application in terms of subsection (1) in respect of the assignment or transmission of a registered trade mark made with goodwill, finds from the records available to him that the assignor is entered in the Register as the registered proprietor of another trade mark in respect of the same description of goods or services as the trade mark being assigned or transmitted, he shall notify both the assignor and assignee of the state of the Register relating to such other trade mark and inquire of them as to the reason why such other trade mark is not the subject of the same application. (4) Where, after giving notice in terms of subsection (3), the Registrar is advised, in relation to the trade mark which is the subject of the inquiry— (a) by the registered proprietor that the trade mark is of no further value to him and may be removed from the Register; or (b) by the assignee that he has no interest in seeking the proprietorship of the trade mark or its registration, and the registered proprietor— (i) fails to reply to the inquiry by the Registrar within the period specified by the Registrar; or (ii) replies within the period specified by the Registrar but fails to satisfy the Registrar that there are valid reasons why he should remain registered as the proprietor of the trade mark; the Registrar may remove the trade mark from the Register. (5) An appeal shall lie from any decision of the Registrar under this section. (6) Except for the purposes of an appeal under this section or of an application under section thirtyseven, a document or instrument in respect of which no entry has been made in the Register in accordance with subsection (1) or the corresponding provision of the repealed legislation shall not be admitted in evidence in any court in proof of the title to a trade mark unless the court otherwise directs. (1) Trade marks that are registered as, or 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. 97 [Chapter 26:04]