No. 12
Trade and Service Marks
1986
19
(a) correct any error in the name, address or description of the registered proprietor of a trade or service mark (b) enter any change in the name, address or description of the person
who is registered as proprietor of a trade or service mark,
(c) cancel the entry of a trade or service mark in the register;
(d) strike out any goods or services from those in respect of which a
trade mark is registered; and
(e) enter a disclaimer or memorandum relating to a trade mark which
does not in any way extend the rights given by existing registration
of the trade or service mark.
(2) The Registrar shall, on request made in the prescribed manner by a
registered user of a trade or service mark correct any error or enter any
change in the name or address of the registered user.
PART IX
ASSIGNMENT AND TRANSMISSION
40.-(1) Notwithstanding any rule or law to the contrary, a pending
trade or service mark or registered trade or service mark shall be, and shall
be deemed always to have been assignable and transmissible in respect
either of all the goods or services in respect of which it is applied for,
registered, or was registered, as the case may be, or of some, but not all
of those goods or services.
(2) An assignment or transmission as aforesaid shall, however, be
invalid if the assignment or transmission is likely to deceive or cause
confusion, particularly in regard to the nature, origin, manufacturing
process, characteristics or suitability for their purpose, of the goods or
services in relation to which the trade or service mark is intended to be
used or is being used.
(3) A person entitled by assignment or transmission to a registered
trade or service mark shall make application to the Registrar in the
prescribed manner to register his title,
(4) On receipt of an application as aforesaid in respect of a registered
trade or service mark, the Registrar shall cause the particulars of the
assignment or transmission to be entered in the register. Where the
application is in respect of a pending trade or service mark, the particulars
of the assignment or transmission shall be provisionally recorded and, upon
registration of the trade or service mark, shall be entered in the register.
(5) Assignments and transmission of pending trade or service marks or
of registered trade or service marks shall have no effect against third parties
until the particulars thereof are entered in the Register.
(6) Subject to the provisions of this Act, the person for the time being
entered in the Register as proprietor of a trade or service mark shall,
subject to any rights appearing from the Register to be vested in any other
person, have power to assign the trade or service mark and to give
effectual receipts for any consideration for an assignment thereof.
Power on
assignment
and transmission