shall not acquire any rights under the assignment until the following requirements have been
satisfied, that is to say the assignee (a)
must within six months from the date of the assignment or within such extended period, if
any, as the Registrar may allow, apply to the Registrar for directions with respect to the
advertisement of the assignment; and
(b)
must advertise the assignment in such form and manner and within such period as the
Registrar may direct.
(5)
Where the Registrar gives directions under subsection (4) of this section, for the advertisement of
an assignment, he shall also cause notice of the assignment to be published in the Journal.
27. (1)
Where a trade mark that is registered, or is the subject of an application for registration, in respect
of any goods 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 description of
goods, or so nearly resembles it as to be likely to deceive or cause confusion if used by a person
other than the proprietor, the Register may at any time require that the trade marks shall be entered
on the register as associated trade marks.
(2)
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 respects
any of them if he 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 in respect of
which it is registered, and may amend the register accordingly.
(3)
Any decision of the Registrar under this section shall be subject to appeal to the court.
28.
Trade marks that are registered as, or 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 shall for all other purposes
be deemed to have been registered as separate trade marks.
29.
Subject to the provisions of this Act, the person for the time being entered in the register as proprietor
of a trade mark shall, subject to any rights appearing from the register to be vested in any other person,
have power to assign the trade mark, and to give effectual receipts for any consideration for an
assignment thereof.
30. (1)
(2)
(3)
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, register him as he proprietor of the trade mark in
respect of the goods in respect of which the assignment or transmission has effect, and shall cause
particulars of the assignment or transmission to be entered on the register.
Any decision of the Registrar under this section shall be subject to appeal to the court.
Except for the purposes of an appeal under this section or of an application under section 38 of
this Act, a document or instrument in respect of which no entry has been made in the register in
accordance with the provision of subsection (1) of this section, shall not be admitted in evidence in
any court in proof of the title to a registered trade mark unless he court otherwise directs.
Use and non use
31. (1)
(2)
Subject to this and the next following section, a registered trade mark may be taken off the
register in respect of any of the goods in respect of which it is registered on an application made by
any person concerned to the court or, at the option of he applicant and subject to section 56 of this
Act, to he Registrar, on either of the grounds set out in subsection (2) of this section.
The said grounds are