Trademarks Act 2019 · Updated to 18 Mar 2022 · Part IX · Trademarks as Object of Property
65. Registration of transaction affecting registered trademark
Feedback & supportThe particulars of a registrable transaction as determined by the Registrar shall be entered in the Register upon the approval by the Registrar on application being made in the form as
Registrar
“Registrar” means a person appointed as a Registrar of Trademarks under subsection 10(1);
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determined by the Registrar together with the payment of the prescribed fee by—
prescribed
“prescribed” means, in relation to proceedings before the Court or preliminary thereto or connected therewith, prescribed by rules of court made by the Rules Committee constituted under the Courts of Judicature Act 1964, and in other cases, prescribed by the Minister in the regulations made under this Act;
a person claiming to be entitled to an interest in or under a registered trademark by virtue of the registrable transaction; or
any other person claiming to be affected by such a transaction.
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.
registered trademark
“registered trademark” has the meaning assigned to it under section 16;
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).
registered proprietor
“registered proprietor” means the person for the time being entered in the Register as the registered proprietor of the trademarks;
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.
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.