Part 12VOLUNTARY RECORDING OF INTERESTS IN AND RIGHTS IN RESPECT OF TRADE MARKS

PART 12—VOLUNTARY RECORDING OF INTERESTS IN AND RIGHTS IN RESPECT OF TRADE MARKS Division 1—Preliminary 121. This Part makes provision: (a) for recording in the Register interests in, and rights in respect of, registered trade marks that may not be so recorded under another Part; and (b) for the Registrar to keep a record of interests in, and rights in respect of, trade marks for which registration is sought. Division 2—Interests in, and rights in respect of, registered trade marks Application to have interest etc. recorded 122.(1) If: (a) a person (other than the registered owner of the trade mark) claims to have an interest in, or a right in respect of, a registered trade mark; and (b) this right or interest has not been recorded in the Register under Part 10 or 11; the person and the registered owner of a trade mark may together apply to the Registrar to have particulars of the right or interest recorded in the Register. (2) The application must be in an approved form and must be filed in accordance with the regulations. Record of interest etc. 123.(1) If the application has been made in accordance with section 122, the Registrar must enter in the Register the particulars of the right or interest set out in the application. (a) a trade mark is registered; and (b) immediately before the registration, particulars of an interest in or right in respect of the trade mark were recorded under Division 3; the Registrar must enter those particulars in the Register. Amendment and cancellation 124. The regulations may provide for the amendment and cancellation of particulars entered in the Register under this Division. Record not proof etc. of existence of right etc. 125. The fact that a record has been made in the Register under this Part that a person claims an interest in, or a right in respect of, a registered trade mark is not proof or evidence that the person has that right or interest. Division 3—Interests in, and rights in respect of, unregistered trade marks Application to have interest etc. recorded 126.(1) If: (a) a person has applied for the registration of a trade mark; and (b) another person claims to have an interest in, or a right in respect of, the trade mark; they may together apply to the Registrar for a record to be kept of the other person’s right or interest. (2) The application must be in an approved form and must be filed in accordance with the regulations. Record of interest etc. 127. If the application has been made in accordance with section 126, the Registrar must record in the manner that the Registrar thinks fit (but not in the Register) the particulars of the right or interest set out in the application. Amendment and cancellation 128. The regulations may provide for the amendment and cancellation of particulars recorded in this Division.