Trade Marks Ordinance, 2001 — section 70

70. Registration of transactions affecting registered trade mark..—_(1) On application being made to the Registrar by

(a)a person claiming to be entitled to an interest in, or under, a registered trade mark by virtue of a registerable transaction; or

(b)any other person claiming to be affected by such a transaction, the prescribed particulars of the transaction shall be entered in the Register.

(2)The following shall be registerable transactions, namely:

(a)an assignment of a registered trade mark or any right in it;

(b)the grant of a license under a registered trade mark;

(c)the granting of any security interest whether fixed of floating over a registered trade mark or any right in or under it;

(d)the making by personal representatives of an assent in relation to a registered trade mark or any right in or under it; and

(e)an order of the High Court, 1[IP Tribunal] or other competent authority transferring a registered trade mark or any right in or under it.

(3)Until an application has been made for registration of the prescribed particulars of a registerable transaction 1 Subs. by Act No. LVIII of 2023, s.29.

(a)the transaction shall be ineffective as against a person acquiring a conflicting interest in, or under, the registered trade mark in ignorance of it; and

(b)a person claiming to be a licensee by virtue of the transaction shall not have the protection of section 69, 77 or 79.

(4)Provisions may be made by rules as to

(a)the amendment of registered particulars relating to a licence so as to reflect any alteration of the terms of licence; and

(b)the removal of such particulars from the Register

(i)where it appears from the registered particulars that the licence was granted for a fixed period and that period has expired; or

(ii)where no such period is indicated and, after such period as tray be prescribed, the Registrar has informed the parties of his intention to remove the particulars from the Register.

(5)Provision may also be made by rules as to the amendment or removal from the Register of particulars relating to a security interest on the application of, or with the consent of, the person entitled to the benefit of the interest.