Trade Marks Ordinance, 2001 — section 8

8. Assignment of registered trade mark..—_ (1) The provisions of section 67 shall apply to transactions and events occurring after the commencement of this Ordinance in relation to an existing registered trade mark, and the old law shall continue to apply in relation to transactions and events occurring before such commencement.

(2)The existing entries under section 35 of the 1940 Act shall be transferred on the commencement of this Ordinance to the Register, and shall have effect as if made under section 70.

(3)An application for registration under section 35 of the 1940 Act, which is pending before the Registrar on the commencement of this Ordinance shall be treated as an application for registration under section 70 and shall proceed accordingly: Provided that the Registrar may require the applicant to amend his application so as to conform with the requirements of this Ordinance.

(4)An application for registration under section 35 of the 1940 Act, which has been determined by thy Registrar but not finally determined before the commencement of this Ordinance shall be dealt with under the old law, and the provisions of sub-para (2) shall apply in relation to any resulting entry in the Register.

(5)Whether before the commencement of this Ordinance, a person has become entitled by assignment or transmission to an existing registered trade mark but has not registered his title, any application for registration after such commencement shall be made under section 70.

(6)In case to which the provisions of sub-para (3) or (5) applies, the provisions of sub section (2) of section 35 of the 1940 Act shall continue to apply, and the provisions of sub-section

(3)of section 68 shall not apply, as regards the consequences of failing to register.