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Section 47: Changes in ownership

Patents, Industrial Designs And Trademarks Act · PART VI: GENERAL PROVISIONS

consolidated text (as amended). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

47. Changes in ownership (1) Any application by an interested party for a change in the— (a) ownership of a patent; (b) registration of an industrial design; (c) registration of a mark or collective mark; (d) ownership of an application thereof; or (e) ownership of a trade name, shall be made in writing to the Controller and shall be entered in the appropriate register. (2) Subject to subsection (4), where the Controller accepts a change referred to in subsection (1), he shall enter the change in the appropriate register and cause it to be published. (3) Any change effected under subsection (1) shall have no effect against third parties until an entry has been made under subsection (2). (4) Any change in the ownership of a trade name shall be made at the time the transfer of the enterprise or part thereof identified by that name takes place and be in writing. (5) Where any change in the ownership of the registration of a mark or a collective mark is likely to deceive or cause confusion, particularly in regard to the nature, origin, manufacturing process, characteristics, or suitability for their purpose, of the goods or services in relation to which the mark or collective mark is intended to be used or is being used, it shall be invalid.

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