24. (1)
Where the proprietor of a trade mark claims to be entitled to the exclusive use of any part thereof
separately, he may apply to register the whole and any such part as separate trade marks.
(2)
Each such separate trade mark must satisfy all the conditions of an independent trade mark and
shall, subject to section 36(2) of this Act, have all the incidents of an independent trade mark.
(3)
Where a trade mark and any part or parts thereof are, by virtue of subsection (1) above, registered
as separate trade marks in the name of the same proprietor, they shall be deemed to be, and shall be
registered as associated trade marks; and section 28 of this Act shall apply to them accordingly.
25. (1)
Where a person claiming to be the proprietor of several trade marks, in respect of the same goods or
description of goods, which, while resembling each other in the material particulars thereof, yet
differ in respect of (a)
statements of the goods in relation to which they are respectively used or proposed to be used;
or
(b)
statements of number, price, quality or names of places; or
(c)
other matter of a non distinctive character which does not substantially affect the identity of
the trade mark; or
(d)
colour,
seeks to register those trade marks, they may be registered as a series in one registration.
(2)
All trade marks that are by virtue of the foregoing subsection registered as a series in one
registration shall be deemed to be, and shall be registered as, associated trade marks; and section 28
of this Act shall apply to them accordingly.
Assignment and transmission
26. (1)
Notwithstanding any rule of law or equity to the contrary, a registered trade mark shall after he
commencement of this Act be assignable and transmissible either in connection with he goodwill of
a business or not.
(2)
A registered trade mark shall after the commencement of this Act be assignable and transmissible
in respect either of all the goods in respect of which it is registered, or was registered, as he case may
be, or of some (but not all) of those goods.
(3)
Subsections (1) and (2) of this section, shall apply in regard to an unregistered trade mark used in
relation to any goods as they apply in regard to a registered trade mark registered in respect of any
goods, if (a)
at the time of the transmission of the unregistered trade mark it is used in the same business as
a registered trade mark; and
(b)
it is assigned or transmitted at the same time and to the same person as that registered trade
mark; and
(c)
(4)
it is so assigned or transmitted in respect of goods all of which are goods –
(i)
in relation to which the unregistered trade mark is used in that business; and
(ii)
in respect of which the registered trade mark is assigned or transmitted.
Where after the commencement of this Act, a trade mark is assigned in respect of any goods and at
the time of the assignment the trade mark is used in a business in those goods, then, if the
assignment is made otherwise than in connection with the goodwill of that business, the assignee