IPIN/1/GHA/TI1
Page 18
(3) Where" a person claiming to be the prop~ie~or 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 substantiallyeffect the identity of the trade mark;
or
(d) colour -;
seeks to register those trade marks, theymay "be registered as "a
series in one registration,
Powers of
and restric..
tions on
assignment
22& (1) Subject to this section, a registered "trademark shall be
assignable and transmissible 'either in. -eoneectioa with the goodwill
of a business ~or not,
and trans..
mission,
(2) Subject to this section, a registerec .ade mark shall be
assignable and transmissible in respect either of an the goods in
respect of which it is registered, <or of some {but not .all) of those
goods.
(3) Subsection (I) and (2) -o"r this section shall have effect in
the case of an unregistered trade" mark used hi relation 'to any goods
as they have effect in the case of a registered trade mark registered
in respect of any goods, if at the time of the assignment or transmission of the unregistered 'trade mark 'it is used in 'the "same business
as a registered trademark, jaffa ~j:fitisassigned"'ot transmitted at the
same time and to the .same .person as that registered trade mark and
in respect of goods all of which are .goods in-relation to which the
unregistered trade mark is used 'in tilat business :a'[ri~ in respect of
which that registered trade mark is assigned or transmitted..
>
(4) Notwithstanding 'anything 'in subsections (1), (2) and (3) of
this section, a trade mark shall not be "assignable at transmissible
in a case in 'which as arestrltofanassignment or transmission there
would in the circumstances subsist, whether under the common law
or by registration, exclusive rights in .more than one of the persons
concerned to the use, in 'relationto the samegoods or description
of goods, of trade "marks nearly resembling each other or of identical
trade marks, if, havingregard to the ":similarity of the goods and of
the trade marks, the use of the trade :'mark"s :rn 'exercise of those
rights would be likely to .deeeive 'or cause -confusioa..