Section 38Part 5 — NATURE OF REGISTERED MARK AND LICENSING
Assignment, etc. of registered trade mark
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A registered trade mark is transmissible by assignment, testamentary disposition or operation of law in the same way as other personal or moveable property and it is so transmissible either in connection with the goodwill of a business or independently.
An assignment or other transmission of a registered trade mark may be partial, that is, limited so as to apply in relation to some but not all of the goods or services for which the trade mark is registered.
An assignment of a registered trade mark, or an assent relating to a registered trade mark, is not effective unless it is in writing signed by or on behalf of the assignor or the assignor's personal representative, and this requirement may be satisfied in a case where the assignor or the personal representative is a body corporate by the affixing of its seal.
Subsections (1) through (3) apply to assignment by way of security as they apply to any other form of assignment.
A registered trade mark may be the subject of a charge in the same way as other personal or moveable property.
Nothing in this Law shall be construed as affecting the assignment or other transmission of an unregistered trade mark as part of the goodwill of a business.
Defined Terms
assignmenttestamentary dispositiongoodwillassent