Act 17
Trademarks Act
2010
(2) A registered trademark relating to goods or services shall be
assignable and transmissible in respect of all the goods in respect of
which it is registered or of some of those goods or services.
(3) Subsections (1) and (2) shall have effect in the case of an
unregistered trademark used in relation to any goods or services as
they have effect in the case of a registered trademark registered in
respect of any goods or services, if at the time of the assignment or
transmission of the unregistered trademark—
(a) the mark is or was used in the same business as a registered
trademark; and
(b) the mark was assigned or transmitted at the same time and
to the same person as that registered trademark and in
respect of goods or services all of which are goods or
services in relation to which the unregistered trademark
was used in that business and in respect of which that
registered trademark is or was assigned or transmitted.
(4) Notwithstanding subsections (1), (2) and (3), a trademark shall
not be assignable or transmissible in a case in which as a result of an
assignment 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 relation to—
(a) the same goods or services;
(b) the same description of goods or services; or
(c) goods or services or descriptions of goods or services
which are associated with each other, of trademarks nearly
resembling each other or of identical trademarks, if having
regard to the similarity of the goodsor services or the
association of goods or services or descriptions of goods or
services and to the similarity of the trademarks, the use of
the trademarks in exercise of those rights, would be likely
to deceive or cause confusion.
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