Part 10ASSIGNMENT AND TRANSMISSION OF TRADE MARKS

PART 10—ASSIGNMENT AND TRANSMISSION OF TRADE MARKS

Assignment etc. of trade mark

106.(1) A registered trade mark, or a trade mark whose registration is being sought, may be assigned or transmitted under this Part.

(2) The assignment or transmission may be partial, that is, it may apply to some only of the goods or services in respect of which registration is sought or the trade mark is registered, but it may not be partial in relation to the use of a trade mark in a particular area.

(3) The assignment or transmission may be with or without the goodwill of the business concerned in the relevant goods or services.

Assignment of associated trade marks

107.(1) Associated trade marks may not be assigned unless they are all assigned to the same person.

(a) associated trade marks have been assigned to a person; and

(b) subsequently it is found that another trade mark associated with those trade marks has not been assigned to the assignee;

the assignor (or, if the case so requires, his or her successor in title) must assign the other trade mark to the assignee as soon as practicable.

Assignment etc. of trade mark whose registration is sought

108.(1) If a trade mark whose registration is being sought is assigned or transmitted, the person to whom it has been assigned or transmitted must apply to the Registrar for the assignment or transmission to be recorded.

(3) If the application complies with the Act, the Registrar must:

(a) record in the manner that the Registrar thinks fit (but not in the Register) the particulars of the assignment or transmission; and

(b) advertise the recording in the Official Journal.

(4) On and after the day on which the Registrar records the particulars of the assignment or transmission, the person to whom the trade mark has been assigned or transmitted is taken, for the purposes of this Act, to be the applicant for the registration of the trade mark.

Application for record of assignment etc. of registered trade mark to be entered in Register

109.(1) A person to whom a registered trade mark has been assigned or transmitted must apply to the Registrar for a record of the assignment or transmission to be entered in the Register.

Recording of assignment etc. of registered trade mark

110.(1) If the application complies with this Act, the Registrar must in accordance with the regulations:

(a) enter the particulars of the assignment or transmission in the Register; and

(b) register the person as the owner of the trade mark in relation to the goods or services in respect of which the assignment or transmission has effect.