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Section 65

Registration of transaction affecting registered trademark

of Trademarks Act 2019

ActIn forceProvision 65 of 214
Section 65

(a)

a person claiming to be entitled to an interest in or under a registered trademark by virtue of the registrable transaction; or

(b)

any other person claiming to be affected by such a transaction.

(2)

Until an application has been made under subsection (1) and approved by the Registrar, the transaction shall be ineffective against a person acquiring a conflicting interest in or under the registered trademark in ignorance of the transaction.

(3)

A person who becomes a registered proprietor by virtue of any registrable transaction shall not be entitled to damages or an account of profits in respect of any infringement of the registered trademark occurring after the date of the transaction and before the date of the application for the registration made under subsection (1).

(4)

Subsections (2) and (3) shall not apply to any registrable transaction relating to a licence under a registered trademark or any right in or under the licence.

(5)

The Registrar may amend or remove any particulars relating to a security interest on the application of the registered proprietor and with the consent of the person entitled to the benefit of that interest in the form as determined by the Registrar together with the payment of the prescribed fee.