Skip to main content
24 CAP. 401] ; Trade Marks (6) Notwithstanding anything in subsections (I) to (3). a trade mark shall not. on or after the commencement of this Act. be assign­ able or transmissible in a case in which as a result of an assignment or transmission thereof there would in the circumstances subsist, whether under the common law or by registration, an exclusive right in one of the persons concerned to the use of the trade mark limited to use in relation to goods to be sold or otherwise traded in in a place or places in Zambia and an exclusive right in another of those per­ sons to the use of a trade mark nearly resembling the first-mentioned trade mark or of an identical trade mark in relation to the same goods or description of goods limited to use in relation to goods to be sold or otherwise traded in in another place or other places in Zambia: Provided that on application in the prescribed manner by the pro­ prietor 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 of his on or after the commencement of this Act, in any such case, the Registrar, if he is satisfied that in all the circumstances the use of the trade marks in exercise of the said rights would not be contrary to the public interest, may approve the assignment or trans­ mission, and an assignment or transmission so approved shall not be deemed to be, or to have been, invalid under this subsection or under subsection (4), so, however, that in the case of a registered trade mark this provision shall not have effect unless application for the registration under section thirty of the title of the person becoming entitled is made within six months from the date on which the approval is given or, in the case of a transmission, was made before that date. (7) 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, on or after the commencement of this Act, otherwise than in connection with the goodwill of that business, the assignment shall not take effect until the following requirements have been satisfied, that is to say, the assignee must, not later than the expiration of six months from the date on which the assignment is made or within such extended period, if any, as the Registrar may allow, apply to him for directions with respect to the advertisement of the assign­ ment and must advertise it in such form and manner and within such period as the Registrar may direct. (8) An appeal shall lie from any decision of the Registrar under this section. (As amended hy C.N. No. 186 Certain mule marks 10 Ile assm:ia leO so as 10 he asxiunable and Irall~lllIs,jhlc ;" a whole only of 1(64) 28. t i ) Trade marks that are registered as, or 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.

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents