Trade Marks Act, 1993 (Act No. 194 of 1993)Part XI : Assignment and Hypothecation39. Powers of, and restrictions on, assignment and transmission |
| (1) | Subject to any rights appearing from the register, a registered trade mark is assignable and transmissible, either in connection with or without the goodwill of the business concerned in the goods or services in respect of which it has been registered. |
| (2) | A registered trade mark is assignable and transmissible in respect of all or some of the goods or services in respect of which it is registered. |
| (3) | The assignment or transmission of a registered trade mark shall be subject to any deed of security hypothecating it. |
| (4) | If, as a result of the assignment or transmission of a registered trade mark, the use of the trade mark by different persons in the Republic or elsewhere would give rise to the likelihood of deception or confusion, section 10(13) shall apply. |
| (5) | Notwithstanding anything to the contrary contained in subsections (1) and (2) and subject to the provisions of subsection (4), where a trade mark which is the subject of a pending application for registration has subsequent to the date of the application been assigned or transmitted, the registrar may, on application in the prescribed manner, and subject to such conditions as he may deem necessary, allow the person entitled to such trade mark by reason of such assignment or transmission, to be substituted as applicant for registration of the trade mark. |
| (6) | [Section 39(6) deleted by section 66(b) of Act No. 38 of 1997] |
| (7) | No assignment of a registered trade mark or a trade mark which is the subject of an application for registration shall be of any force or effect unless it is in writing and signed by or on behalf of the assignor. |