Section 26 Trade Marks Act 1967

Section 26 of the Trade Marks Act 1967 is about Assignability of trade marks. It is under ‘Assignment and transmission’ of the Act. It provides as follows:

(1) Notwithstanding any rule of law or equity to the contrary, a registered trade mark
shall, after the commencement of this Act, be assignable and transmissible either in connection with the goodwill of a business or not.

(2) A registered trade mark shall after the commencement of this Act be assignable
and transmissible in respect either of all the goods in respect of which it is registered, or was registered, as the case may be, or of some (but not all) of those goods.

(3) Subsections (I) and (2) of this section shall apply in regard to an unregistered
trade mark used in relation to any goods, as they apply in regard to a registered trade mark registered in respect of any goods, if-
(a) at the time of the transmission of the unregistered trade mark it is used in the
same business as a registered trade mark; and

(b) it is assigned or transmitted at the same time and to the same person as that
registered trade mark; and

(c) it is so assigned or transmitted in respect of goods all of which are goods-
(i) in relation to which the unregistered trade mark is used in that business; and
(ii) in respect of which the registered trade mark is assigned or transmitted.

(4) Where, after the commencement of this Act, a trade mark is assigned in respect of any goods and at the time of the assignment the trade mark is used in a business in those goods, then, if the assignment is made otherwise than in connection with the goodwill of that business, the assignee shall not acquire any rights under the assignment until the following requirements have been satisfied, that is to say the assignee-
(a) must within six months from the date of the assignment or within such extended period, if any, as the Registrar may allow, apply to the Registrar for directions with respect to the advertisement of the assignment; and

(b) must advertise the assignment in such form and manner and within such period
as the Registrar may direct.

(5) Where the Registrar gives directions under subsection (4) of this section for the
advertisement of an assignment, he shall also cause notice of the assignment to be published in the Journal.

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