Trade Marks Act · 2022 Revised Edition · Part 1
26. Registration of transactions affecting registered trade mark
Official textFrom Attorney General's Chambers, unchanged
On application being made to the Registrar by —
Registrar
“Registrar” means the Registrar of Trade Marks appointed under section 3;
a person claiming to be entitled to an interest in or under a registered trade mark by virtue of a registrable transaction; or
Trade Marks 32
any other person claiming to be affected by such a transaction, the prescribed particulars of the transaction shall be entered in the register.
The following are registrable transactions —
an assignment of a registered trade mark or any right in it;
the grant of a licence under a registered trade mark;
the granting of any interest by way of security (whether fixed or floating) over a registered trade mark or any right in or under it;
the making by a personal representative of an assignment in relation to a registered trade mark or any right in or under it;
an order of a court transferring a registered trade mark or any right in or under it.
Until an application has been made for registration of the prescribed particulars of a registrable transaction —
registration
“registration” means, unless the context otherwise requires, registration in the register;
the transaction is ineffective as against a person acquiring a conflicting interest in or under the registered trade mark in ignorance of it; and
a person claiming to be a licensee by virtue of the transaction does not have the protection of sections 31 and 32.
Where a person becomes the proprietor or a licensee of a registered trade mark by virtue of a registrable transaction, then unless —
an application for registration of the prescribed particulars of the transaction is made before the end of the period of 6 months beginning with its date; or
the court is satisfied that it was not practicable for such an application to be made before the end of that period and that an application was made as soon as practicable thereafter,
Trade Marks he is not entitled to damages or an account of profits in respect of any infringement of the registered trade mark occurring after the date of the transaction and before the prescribed particulars of the transaction were registered.
Provision may be made by rules as to —
the amendment of registered particulars relating to a licence so as to reflect any alteration of the terms of the licence;
the removal of such particulars from the register —
where it appears from the registered particulars that the licence was granted for a fixed period and that period has expired; or
where no such period is indicated and, after such period as may be prescribed, the Registrar has notified the parties of his intention to remove the particulars from the register;
the amendment or removal from the register of particulars relating to an interest by way of security on the application of, or with the consent of, the person entitled to the benefit of that interest.
Terms defined in s 2
register
Defined · s 2“register” means the Register of Trade Marks maintained by the Registrar under section 60(1);
Registrar
Defined · s 2“Registrar” means the Registrar of Trade Marks appointed under section 3;
registration
Defined · s 2“registration” means, unless the context otherwise requires, registration in the register;
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