No. 4907
Government Gazette 23 March 2012
Act No. 1, 2012
87
INDUSTRIAL PROPERTY ACT, 2012
disposition, either with or without the goodwill of the business concerned, or ownership
or rights in such trade mark or application may be transferred by operation of law.
(2)
No cession or assignment as contemplated in subsection (1) is –
(a)
of any force or effect unless it is in writing and signed by or on behalf of
the registered owner or, if the owner is deceased or ceased to exist, by
the person authorised to dispose of the assets of the registered owner;
(b)
valid and enforceable against third parties unless it is recorded by the
Registrar in the appropriate register on application by the new owner
within 12 months after the date of the cession or assignment or such
further time as the Registrar may allow on payment of the prescribed
fee.
Associated trade marks
162. (1)
Where a trade mark that is registered or is the subject of an
application for registration –
(a)
so resembles another trade mark that is registered; or
(b)
is the subject of an application for registration in the name of the same
proprietor,
that the use of both such trade marks by different persons in relation to goods or services
in respect of which they are respectively registered or proposed to be registered would
be likely to deceive or cause confusion, the Registrar may at any time require that the
trade marks be entered in the register as associated trade marks.
(2)
Where a trade mark and any part or parts thereof are, by virtue of
section 149(1), registered as separate trade marks in the name of the same proprietor,
they are deemed to be, and must be registered as, associated trade marks.
(3)
Any association of a trade mark with any other trade mark registered
in the name of the same proprietor is deemed to be an association with all trade marks
associated with that other trade mark.
(4)
Trade marks that are registered as, or that are deemed by virtue of this
Act to be, associated trade marks may only be assignable or transmissible together and
not separately, but they must for all other purposes be deemed to have been registered
as separate marks.
(5)
On application made in the prescribed manner by the registered
proprietor of two or more trade marks registered as associated trade marks, the Registrar
may dissolve the association as regards any of them if he or she is satisfied that there
would be no likelihood of deception or confusion being caused if that trade mark were
used by another person in relation to any of the goods or services in respect of which it
is registered, and may amend the register accordingly.