6 the owner of a registered trademark who proposes to

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(6) The owner of a registered trademark who proposes to assign it in respect of goods or services in respect of which it is registered may submit to the registrar in the prescribed manner a statement of case setting out the circumstances and the registrar may issue him a certificate stating whether, having regard to the similarity of the goods or the association of the goods or services or descriptions of goods and to the similarity of the trademarks referred to in the case, the proposed assignment would or would not be invalid under subsection (4). (7) A certificate issued shall, unless it is shown that the certificate was obtained by fraud or misrepresentation, be conclusive as to the validity under subsection (4) of the assignment in so far as the validity depends upon the facts set out in the case, but, as regards a certificate in favour of validity, only if application of the registration under section 17 of the title of the person becoming entitled is made within six months from the date on which the certificate is issued. (8) Where an assignment in respect of goods or services of a trademark that is at the time of the assignment used in a business dealing in those goods or services, is made otherwise than in connection with the goodwill of that business, the assignment shall not take effect until the following requirements have been satisfied— (a) the assignee must, not latter than the expiration of six months from the date on which the assignment is made or within an extended period as the registrar may allow, apply to him or her for directions with respect to the advertisement of the assignment; and 28
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Act 17 Trademarks Act 2010 (b) shall advertise the assignment in the form and manner and within the period as the registrar may direct. (9) A person aggrieved by the decision of the registrar under this section may appeal to court. (10) For avoidance of doubt, the owner of a trademark may licence another person to use his or her trademark. (11) The rights to a trademark shall be subject to transmission to the personal representative of the owner on his or her death. 32. Certain trademarks to be associated so as to be assignable as a whole. Trademarks that are registered as or that are taken to be associated trademarks by virtue of this Act, shall be assignable and transmissible only as a whole and not separately, but they shall for all other purposes be taken to have been registered as separate trademarks. 33. Registration of assignments and transmission. (1) Where a person becomes entitled by assignment or transmission to a registered trademark, he or she shall make an application to the registrar to register his or her title and the registrar shall, on receipt of the application and on proof of title to his or her satisfaction, register him or her as the owner of the trademark in respect of the goods or services of which the assignment or transmission has effect and shall cause particulars of the assignment or transmission to be entered on the register.
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