Singapore legislation
Clause 41
Clause 41
Application for registration of trade mark as object of property
(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):
an assignment of an application for registration of a trade mark or any right in or under it;
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;
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;
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.