On 24/05/2013,
you requested for the version in force on 24/05/2013
incorporating all amendments published on or before 24/05/2013.
The closest version currently available is that of 02/07/2007.
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) Any person claiming to be —
(a)
entitled to an interest in or under an application for registration of a trade mark by virtue of a registrable transaction; or
(b)
affected by a registrable transaction,
may 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 it;
(b)
the grant of a licence under an application for registration of a trade mark;
(c)
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;
(d)
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;
(e)
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) The Registrar shall maintain a record of each notice given to him under subsection (3).
(6) Until the notice referred to in subsection (3) has been given to the Registrar in respect of a transaction referred to in subsection (4)(a), (c), (d) or (e), the transaction is ineffective as against a person acquiring a conflicting interest in or under the application for registration of a trade mark in ignorance of the transaction.
(7) For the avoidance of doubt, subsection (6) shall not apply to any registrable transaction relating to —
(a)
a licence under an application for registration of a trade mark; or
(b)
any right in or under the licence.
(8) Provision may be made by rules as to —
(a)
the amendment of the record maintained by the Registrar relating to the particulars of a grant of a licence under an application for registration of a trade mark, notice of which has been given to the Registrar under subsection (3), so as to reflect any alteration of the terms of the licence; and
(b)
the removal from the records maintained by the Registrar of the particulars of a grant of a licence under an application for registration of a trade mark, notice of which has been given to the Registrar under subsection (3) —
(i)
where it appears from the particulars that the licence was granted for a fixed period and that period has expired; or
(ii)
where no such period is indicated and, after such period as may be prescribed, the Registrar has notified the parties of his intention to remove the particulars from the records.
(9) Provision may also be made by rules as to the amendment of the record maintained by the Registrar relating to, or the removal from the records maintained by the Registrar of, the particulars of the granting of a security interest over an application for registration of a trade mark on the application of, or with the consent of, the person entitled to the benefit of that interest.