any other person, have power to assign the trade mark and to give effectual receipts
for any consideration for an assignment thereof.
29
Registration of assignments and transmissions
(1) Where a person becomes entitled by assignment or transmission to a registered
trade mark, he shall make application to the Registrar to register his title, and the
Registrar shall, on receipt of the application and on proof of title to his satisfaction—
(a)
register him as the proprietor of the trade mark in respect of the goods
or services in respect of which the assignment or transmission has effect; and
(b)
cause particulars of the assignment or transmission to be entered on
the Register.
(2) An application in terms of subsection (1) to register the assignment or
transmission of a registered trade mark shall specify the effective date of the
assignment or transmission and if the application is made more than twelve months
after that date the applicant shall pay such penalty as is prescribed.
(3) Where the Registrar, in examining an application in terms of subsection (1) in
respect of the assignment or transmission of a registered trade mark made with
goodwill, finds from the records available to him that the assignor is entered in the
Register as the registered proprietor of another trade mark in respect of the same
description of goods or services as the trade mark being assigned or transmitted, he
shall notify both the assignor and assignee of the state of the Register relating to such
other trade mark and inquire of them as to the reason why such other trade mark is
not the subject of the same application.
(4) Where, after giving notice in terms of subsection (3), the Registrar is advised, in
relation to the trade mark which is the subject of the inquiry—
(a)
by the registered proprietor that the trade mark is of no further value to
him and may be removed from the Register; or
(b)
by the assignee that he has no interest in seeking the proprietorship of
the trade mark or its registration, and the registered proprietor—
(i)
fails to reply to the inquiry by the Registrar within the period specified
by the Registrar; or
(ii)
replies within the period specified by the Registrar but fails to satisfy
the Registrar that there are valid reasons why he should remain registered as the
proprietor of the trade mark;
the Registrar may remove the trade mark from the Register.
(5) An appeal shall lie from any decision of the Registrar under this section.
(6) Except for the purposes of an appeal under this section or of an application under
section thirty-seven, a document or instrument in respect of which no entry has been
made in the Register in accordance with subsection (1) or the corresponding provision
of the repealed legislation shall not be admitted in evidence in any court in proof of
the title to a trade mark unless the court otherwise directs.
30
Certain trade marks to be associated so as to be assignable and transmissible
as a whole only
(1) Trade marks that are registered as, or that are deemed by virtue of this Act to be,
associated trade marks 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 trade marks.
(2) Where a trade mark that is registered or is the subject of an application for
registration in respect of any goods or services—
(a)
is identical with another trade mark that is registered or is the subject
of an application for registration in the name of the same proprietor in respect of the
same goods or services or description of goods or services; or
(b)
so nearly resembles another trade mark such as is referred to in
paragraph (a) as to be likely to deceive or cause confusion if used by a person other
than the proprietor;
the Registrar may at any time require that the trade marks shall be entered on the