12
Assignment
and
transmission
of a trademark
Trademarks
No. 2
(3) The Registrar may register trademarks as a series in one
registration where a person claims to be the owner of several
trademarks, in respect of the same goods or description of goods or
services, which, while resembling each other in material particulars
thereof, yet differ in respect of__
(a) statements of the goods or services in relation to which they
are respectively used or proposed to be used;
(b) statements of number, price, quality or names of places;
(c) colour; or
(d) other matters of a non-distinctive character which do not
substantially affect the identity of the trademark.
20.__(1) An owner of a registered trademark may transmit a
trademark by assignment, testamentary disposition or operation of
law in the same way as any other personal or moveable property.
(2) A registered trademark shall be also transmissible either in
connection with the goodwill of a business, or independently.
(3) An assignment or other transmission of a registered trademark
may be limited only to apply__
(a) in relation to some, but not all the goods or services for
which the trademark is registered; or
(b) in relation to the use of the trademark in a particular manner
or a particular locality.
(4) An assignment of a registered trademark, or an assent relating
to a registered trademark shall not be effective unless it is in writing
and signed by, or on behalf of, the assignor or a personal
representative, as the case may be.
(5) This section shall also apply to an assignment of a trademark
by way of security.
(6) A registered trademark may be the subject of a charge.
Associated
trademarks to
be assignable
and
transmissible
as a whole
(7) Nothing in this Act shall be construed as affecting the
assignment or other transmission of an unregistered trademark as
part of the goodwill of a business.
21.__(1) Trademarks that are registered as, or that are deemed to
be associated trademarks under this Act, 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
trademarks.
(2) Where a trademark that is registered, or is the subject of an
application for registration in respect of any goods, is identical to