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(8) ;-Oi1 application in the prescribed manner by the proprietor
of a trade mark who proposes to assign it, or of a person who
claims that a trade mark 'has been transmitted to him or to a prede...
cessor in title ofhisin any such case as is referred to subsection (7),
the Registrar, if he is satisfied that in, all the circumstances the' use
of the trade mark in exercise of the said rights would not be contrary
to the public interest, may approve the assignment or transmission,
and an assignment or transmission so approved shall not be deemed
to be, or to have been, invalid under subsection (7) or subsection (4)
of this section so, however, that in the case of a registered trade
mark this sub;ection shall not have effect unless application for the
registration under section 25 of this Act of the title of the per~on
becoming entitled is made within six months from the date on which
the approval is given Of, in the case of a transmission, was made
before that date.
.
(9) Where an assignment in respect of any goods of a trade
mark that is at the time of the assignment used in a business in
those goods is made otherwise than in connection with the goodwill
of that business, the assignment shall not take effect until, in pursuance of an application made by the assignee in the prescribed
manner to the Registrar within a period of six months from the date
on which the assignment is made (or within such extended period,
if any, as the Registrar may allow) a notice of the assignment is
published in the Gazette.
Certain trade
marks to be
associated so
as to be
assignable
as and
transmissible
as a whole
only.
or
23.. (1) Trade marks that are registered as,
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 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 Registrar may at any time
require that the trade marks shall be entered on the register as
associated trade marks"
(3) Where a trade mark and any part or parts thereof are, by
virtue ofsubsection (1) ofseetion 21 of this Act, 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.
(4) All trade marks that are, by virtue of subsection (3) of
section 21 of this Act, registered as a series in one registration shall
be deemed to be, and shall be registered, as, associated trade marks.