Section 171
Assignment, etc., of registered mark
(2)
Existing entries under section 47 of the repealed Act shall be transferred on the commencement of this Act to the Register kept under this Act and have effect as if made under section 65 of this
Act.
(3)
An application for registration under section 47 of the repealed Act which is pending before the Registrar on the commencement of this Act or which has been determined by the
Registrar but not finally determined before the commencement of this Act shall be treated as an application for registration under sections 65 and 67 of this Act and shall proceed accordingly.
(4)
For the purposes of subsection (3), the Registrar may require the applicant to amend his application so as to conform to the requirements of this Act and subsection (2) shall apply in relation to any resulting entry in the Register.
(5)
Where before the commencement of this Act, a person has
Trademarks 137
become entitled by assignment or transmission to an existing registered mark but has not registered his title, any application for registration after commencement of this Act shall be made under section 64 of this Act.
(6)
For the purposes of subsections (3) and (5), subsection 47(3)
of the repealed Act shall continue to apply as regards the consequences of failing to register.