Geographical Indications Rules 2019 · As enacted · Part 4 · Register
58. Application to transfer registration of registered geographical indication
Feedback & supportLast amended by an amending law of 2022.
An application by a registrant to transfer the registration of a registered geographical indication to another person under section 53(1) of the Act must be filed with the Registrar in Form CM8.
Where the application is filed by means of the electronic online system, it must be authorised by the transferor and the transferee and validated by such means as the Registrar considers fit.
Where the application is filed other than by means of the electronic online system, it must —
be authorised by the transferor and the transferee; or
be accompanied by —
a copy of the contract or agreement of transfer; or
a copy of any documentary evidence that in the Registrar’s view is sufficient to prove that the transferee consents to having the registration of the registered geographical indication transferred to the transferee.
The Registrar may require the registrant to provide any document, instrument or information in support of the application as the Registrar thinks fit, within such time as the Registrar may specify, and the registrant must comply with the requirement.
The Registrar must refuse an application under paragraph (1) if paragraph (2), (3) or (4) is not complied with.
Subregulation 1
An application by a registrant to transfer the registration of a registered geographical indication to another person under section 53(1) of the Act must be filed with the Registrar in Form CM8.
Subregulation 2
Where the application is filed by means of the electronic online system, it must be authorised by the transferor and the transferee and validated by such means as the Registrar considers fit.
Subregulation 3
Where the application is filed other than by means of the electronic online system, it must —
be authorised by the transferor and the transferee; or
be accompanied by —
a copy of the contract or agreement of transfer; or
a copy of any documentary evidence that in the Registrar’s view is sufficient to prove that the transferee consents to having the registration of the registered geographical indication transferred to the transferee.
Subregulation 4
The Registrar may require the registrant to provide any document, instrument or information in support of the application as the Registrar thinks fit, within such time as the Registrar may specify, and the registrant must comply with the requirement.
Subregulation 5
The Registrar must refuse an application under paragraph (1) if paragraph (2), (3) or (4) is not complied with.