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Cap. 597 · Trademarks Act (Cap. 597)

Cap. 597 Art. 34Transmission of a registered trademark. Transfer of a registered trademark.

PART II - REGISTERED TRADEMARKS

En vigueurTexte officiel

(1) A registered trademark is transmissible by assignment, testamentary disposition or operation of law in the same way as other personal or moveable property.

(2) A registered trademark may be transferred, separately from any transfer of the undertaking, in respect of some or all of the goods or services for which it is registered.

(3) A transfer of the whole of the undertaking shall include the transfer of the trademark except where there is agreement to the contrary or circumstances clearly dictate otherwise. This provision shall apply to the contractual obligation to transfer the undertaking.

(4) An assignment of a registered trademark is not effective unless it is in writing signed by or on behalf of the assignor or, as the case may be, by a personal representative.

(5) Nothing in this Act shall be construed as affecting the assignment or other transmission of an unregistered trademark as part of the goodwill of a business.

(6) The Minister may make regulations for the recordal of transfers in the register.