Trade Marks Act · 2022 Revised Edition · Part 1
25. Assignment etc. of registered trade mark
Official textFrom Attorney General's Chambers, unchanged
A registered trade mark is, subject to this Act, transmissible by assignment or transfer in the same way as other property. It is so transmissible either in connection with the goodwill of a business or independently.
An assignment or transfer of a registered trade mark may be limited so as to apply —
in relation to some but not all of the goods or services for which the trade mark is registered; or
in relation to use of the trade mark in a particular manner or a particular locality.
An assignment of a registered trade mark is not effective unless it is in writing and signed by or on behalf of the assignor.
Subsections (1), (2) and (3) apply to an assignment by way of security as in relation to any other assignment.
A registered trade mark may be the subject of a charge in the same way as other property.
Nothing in this Act shall be construed as affecting the assignment or transfer of an unregistered trade mark as part of the goodwill of a business.
transfer
“transfer” means transfer by operation of law, devolution on the personal representative of a deceased person, or any other mode of transfer other than an assignment;
Terms defined in s 2
transfer
Defined · s 2“transfer” means transfer by operation of law, devolution on the personal representative of a deceased person, or any other mode of transfer other than an assignment;
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