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.
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[Chapter 26:04]
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