Suggest a correction

Application to register or give notice of transaction

Trade Marks Rules

Match the official source exactly.

What needs fixing?

Wrong or mistyped textWrong structure or numberingWrong title or detailsDuplicated content

Proposed text

—(1) An application to register particulars of a transaction to which section 39 of the Act applies shall be made, and a notice to be given to the Registrar of particulars of a transaction to which section 41 of the Act applies shall be —(a)in the case of any assignment or transaction other than a transaction referred to in sub‑paragraphs (b) and (c), in Form CM8;(b)in the case of the grant, amendment or termination of a licence, in Form CM6;(c)in the case of the grant, amendment or termination of any security interest, in Form CM7;(d)in the case of the making by personal representatives of an assent in relation to a registered trade mark, an application for registration of a trade mark, or any right in or under a registered trade mark or an application for registration of a trade mark, by way of a written request; or(e)in the case of an order of the Court or any other competent authority transferring a registered trade mark, an application for registration of a trade mark, or any right in or under a registered trade mark or an application for registration of a trade mark, by way of a written request accompanied by a copy of the order.(f)[Deleted by S 743/2014 wef 13/11/2014](2) Where an application under paragraph (1)(a), (b), (c) or (d) is filed other than by means of the electronic filing system, the application must be signed by or on behalf of all relevant parties.(3) Where an application under paragraph (1)(a), (b), (c) or (d) is filed by means of the electronic online system, the application shall be authorised by all relevant parties and be validated by such means as the Registrar considers fit.(3AA) In paragraphs (2) and (3), “relevant party” means —(a)in the case of an assignment in paragraph (1)(a) — the assignor;(b)in the case of a transaction other than an assignment in paragraph (1)(a) — all parties to the transaction;(c)in the case of paragraph (1)(b) — the grantor of the licence;(d)in the case of paragraph (1)(c) — the grantor of the security interest; or(e)in the case of paragraph (1)(d) — each personal representative who makes the assent.(3A) Where an application under paragraph (1)(a), (b), (c) or (d) is not signed in accordance with paragraph (2), or not authorised and validated in accordance with paragraph (3), the application shall be accompanied —(a)in the case of an assignment (of a registered trade mark or an application for registration of a trade mark) referred to in paragraph (1)(a), at the option of the applicant, by —(i)a copy of the contract of assignment;(ii)an extract of the contract of assignment, being an extract which shows the change in the ownership of the registered trade mark or application for registration;(iii)a certificate of transfer of the registered trade mark or application for registration in such form as the Registrar may require, being a certificate signed by all parties to the assignment;(iv)a transfer document relating to the registered trade mark or application for registration in such form as the Registrar may require, being a document signed by all parties to the assignment; or(v)a copy of any documentary evidence which in the Registrar’s view is sufficient to establish the assignment;(b)in the case of a grant of a licence (under a registered trade mark or an application for registration of a trade mark) referred to in paragraph (1)(b), at the option of the applicant, by —(i)an extract of the licence contract, being an extract which shows the parties to the contract and the rights which are licensed under the contract;(ii)a statement of the licence containing such information as the Registrar may require, being a statement signed by both the person granting the licence and the licensee; or(iii)a copy of any documentary evidence which in the Registrar’s view is sufficient to establish the grant of the licence;(c)in the case of an amendment to, or a termination of, a licence (under a registered trade mark or an application for registration of a trade mark) referred to in paragraph (1)(b), at the option of the applicant, by —(i)a statement of the amendment or termination of the licence, as the case may be, containing such information as the Registrar may require, being a statement signed by both the person granting the licence and the licensee; or(ii)a copy of any documentary evidence which in the Registrar’s view is sufficient to establish the amendment or termination of the licence, as the case may be; or(d)in any other case, by a copy of any documentary evidence which in the Registrar’s view is sufficient to establish the transaction.(3B) [Deleted by S 403/2022 wef 26/05/2022](3C) [Deleted by S 403/2022 wef 26/05/2022](4) [Deleted by S 743/2014 wef 13/11/2014](5) The Registrar may require the applicant to furnish such other document, instrument and information in support of the application as the Registrar thinks fit, within such time as the Registrar may specify.(5A) [Deleted by S 743/2014 wef 13/11/2014](6) The Registrar must refuse an application under paragraph (1) if paragraph (2), (3) or (3A) or a requirement under paragraph (5) is not complied with.

What's the problem? (required)

Source link (optional)

Describe the problem (and edit the text or pick an issue type) to submit.

Suggestions are submitted anonymously. No account or personal information is required or sent.