Rev. 2009]
Trade Marks
CAP. 506
25
to the exclusive use of any part thereof separately, he may apply to of trade mark and
of trade marks as a
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 the provisions of
subsection (3) of section 26 and subsection (2) of section 33, have all
the incidents of an independent trade mark.
series.
(3) 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.
Part IV-assignment And Transmission
25. (1) A registered trade mark is assignable and transmissible Powers of, and
restrictions on,
either in connection with the goodwill of a business or not.
(2) A registered trade mark is assignable and transmissible in
respect of either all the goods or all the services in respect of which it
is registered or of some only of those goods or services.
(3) The provisions of subsections (1) and (2) shall have the
effect of an unregistered trade mark as they have effect in the case of
a registered trade mark if at the time of the assignment or transmission
of the unregistered trade mark it is or was used in the same business
as a registered trade mark, and if it is or was assigned or transmitted at
the same time and to the same person as that registered trade mark was
assigned or transmitted.
(4) Notwithstanding anything in subsections (1), (2) and (3), a trade
mark shall not be, or be deemed to have been, assignable or transmissible
in a case in which as a result of an assignment or transmission there
assignment and
transmission.
5 of 1994, s. 14.