Trade Marks Act 1998 · 2020 Revised Edition · Part 4 · Registered Trade Mark as Object of Property
38. Assignment, etc., of registered trade mark
Feedback & supportA registered trade mark is assignable and transmissible in the same way as other personal or movable property, and is so assignable or transmissible either in connection with the goodwill of a business or independently.
trade mark
“trade mark” means any sign capable of being represented graphically and which is capable of distinguishing goods or services dealt with or provided in the course of trade by a person from goods or services so dealt with or provided by any other person;
An assignment or transmission of a registered trade mark may be partial, that is, limited so as to apply in relation to some but not all of the goods or services for which the trade mark is registered.
An assignment of a registered trade mark, or an assent relating to a registered trade mark, is not effective unless it is in writing signed by or on behalf of the assignor or (as the case may be) a personal representative.
Subsection (3) may be satisfied in a case where the assignor or personal representative is a body corporate by the affixing of its seal.
Subsections (1) to (4) apply to assignment by way of security as they apply to any other assignment.
A registered trade mark may be the subject of a charge in the same way as other personal or movable property.
Nothing in this Act is to be construed as affecting the assignment or transmission of an unregistered trade mark as part of the goodwill of a business.