Act 17
Trademarks Act
2010
(b) shall advertise the assignment in the form and manner and
within the period as the registrar may direct.
(9) A person aggrieved by the decision of the registrar under this
section may appeal to court.
(10) For avoidance of doubt, the owner of a trademark may
licence another person to use his or her trademark.
(11) The rights to a trademark shall be subject to transmission to
the personal representative of the owner on his or her death.
32. Certain trademarks to be associated so as to be assignable as
a whole.
Trademarks that are registered as or that are taken to be associated
trademarks by virtue of this Act, shall be assignable and transmissible
only as a whole and not separately, but they shall for all other
purposes be taken to have been registered as separate trademarks.
33. Registration of assignments and transmission.
(1) Where a person becomes entitled by assignment or
transmission to a registered trademark, he or she shall make an
application to the registrar to register his or her title and the registrar
shall, on receipt of the application and on proof of title to his or her
satisfaction, register him or her as the owner of the trademark in
respect of the goods or services of which the assignment or
transmission has effect and shall cause particulars of the assignment
or transmission to be entered on the register.
(2) A person aggrieved by the decision of the registrar under this
section may appeal to court.
(3) Except for the purposes of an appeal under this section or of
an application under section 79, a document or instrument in respect
of which no entry has been made in the register in accordance with
subsection (1), shall not be admitted in evidence in any court in proof
of the title to a trademark unless the court otherwise directs.
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