On 21/05/2013,
you requested for the version in force on 21/05/2013
incorporating all amendments published on or before 21/05/2013.
The closest version currently available is that of 31/07/2005.
41.
—(1) The provisions of sections 36, 37, 38 and 40 shall apply, with the necessary modifications, in relation to an application for the registration of a trade mark as they apply in relation to a registered trade mark.
(2) For the purposes of subsection (1), the reference in section 37(1) to the granting of a registration shall be construed as a reference to the making of an application for the registration of a trade mark.
(3) A person claiming to be entitled to an interest in or under an application for registration of a trade mark by virtue of a registrable transaction, or a person claiming to be affected by such a transaction, shall give to the Registrar notice of the prescribed particulars of the transaction.
(4) The following are registrable transactions under subsection (3):
(a)
an assignment of an application for registration of a trade mark or any right in or under it;
(b)
the granting of any security interest (whether fixed or floating) over an application for registration of a trade mark or any right in or under it;
(c)
the making by personal representatives of an assent in relation to an application for registration of a trade mark or any right in or under it;
(d)
an order of the Court or other competent authority transferring an application for registration of a trade mark or any right in or under it.
(5) Until the notice referred to in subsection (3) has been given to the Registrar, the transaction is ineffective as against a person acquiring a conflicting interest in or under the application for registration of the trade mark in ignorance of it.
[UK Trade Marks Act 1994, s. 27]