(4) For the purpose of section 53(4) of the Act, the period within
which a corporation may be registered as the subsequent proprietor of a
registered trademark, upon application made under regulation 54 or 55,
shall be six months from the date of advertisement in the Gazette of the
registration of the trademark or such further period not exceeding six
months as the registrar may allow, on application being made to him or
her in Form TM 13 by the applicant for registration of title or the
registered proprietor, as the case may be, at any time before or during the
period for which the extension can be allowed.
60. Entry in register upon assignment or transmission.
Where the registrar is satisfied as to the title of the person claiming to be
registered, the registrar shall cause that person to be registered as proprietor
of the trademark in respect of the relevant goods or services, and shall enter
in the register that person’s name, trade or business address and description
and particulars of the assignment or transmission.
61. Separate registrations.
Where following an application under regulation 54 or 55, and as the
result of a division and separation of the goods or services of a
registration or a division and separation of places or markets, different
persons become registered separately under the same official number as
subsequent proprietors of a trademark, each of the resulting separate
registrations in the names of those different persons shall be taken to be
a separate registration for all the purposes of the Act.
62. Certificate or approval as to certain assignments and
transmissions.
(1) A person who desires to obtain a certificate under section 31(6)
of the Act shall send to the registrar, with the application in Form TM
29, TM 39 or TM 40, as the case may be, a statement of case in duplicate
setting out the circumstances, together with a copy of any instrument or
proposed instrument effecting the assignment or transmission.
(2) The registrar may call for evidence or further information as
may be considered necessary, and the statement of case shall be
amended if required to include all the relevant circumstances and shall if
required be verified by a statutory declaration.
2015