Section 35 Trade Marks Act 1967

Section 35 of the Trade Marks Act 1967 is about Registration with a view to assignment to company about to be formed, etc. It is under ‘Use and non-use’ of the Act. It provides as follows:

(1) No application for the registration of a trade mark in respect of any goods shall be refused, nor shall permission for such registration be withheld, on the ground only that it appears that the applicant does not use or propose to use the trade mark-

(a) if the tribunal is satisfied that a body corporate is about to be constituted, and
that the applicant intends to assign the trade mark to the body corporate with a
view to the ust: thereof in relation to those goods by the body corporate; or

(b) if the application is accompanied by an application for the registration of a
person as a registered user of the trade mark, and the tribunal is satisfied that
the proprietor intends it to be used by that person in relation to those goods and
the tribunal is also satisfied that that person will be registered as a registered
user thereof immediately after the registration of the trade mark.

(2) The provisions of section 31 of this Act shall have effect, in relation to a trade
mark registered under the power conferred by the Foregoing subsection, as if for the reference in subsection (I) (a) of that section to intention on the part of an applicant for registration that a trade mark should be used by him, there were substituted a reference to intention on his part that is should be used by the body corporate or registered user concerned.

(3) The tribunal may, as a condition of the exercise of the power conferred by subsection (l) of this section, in favour of an applicant who relies on intention to assign to a body corporate as aforesaid, require him to give security for the costs of any proceedings before the court relative to any opposition or appeal, and in default of such security being duly given, may treat the application as abandoned.

(4) Where a trade mark is registered in respect of any goods under the power conferred by subsection (I) of this section, in the name of an applicant who relies on intention to assign to a body corporate as aforesaid, then, unless within six months, or within such further period not exceeding two months as the Registrar may on application being made to him in the prescribed manner allow, the body corporate has been registered as the proprietor of the trade mark in respect of those goods, the registration shall cease to have effect in respect thereof at the expiration of that period, and the Registrar shall amend the register accordingly.

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