Trade Marks Act 1938 (repealed 31.10.1994)

Assignments and transmissions (before appointed day) giving exclusive rights in different places in the United Kingdom U.K.

2 (1) The validity of an assignment or transmission of a trade mark effected or claimed to have been effected before the appointed day, in any such case as is mentioned in subsection (6) or section twenty-two of this Act, shall be determined as if the provisions contained in subsections (1) to (5) of that section had not been enacted:

Provided that, on application made in the prescribed manner within two years from the commencement of this Act, by a person who claims that an assignment or transmission of a registered trade mark to him or to a predecessor in title of his has been so effected, the Registrar shall have the like jurisdiction as under the proviso to subsection (6) of section twenty-two of this Act, and an assignment or transmission approved by him shall not be deemed to have been invalid on the ground of the subsistence of such rights as are mentioned in the said subsection (6) or on the ground that the assignment or transmission was effected otherwise than in connection with the goodwill of a business or was effected in respect of some (but not all) of the goods in respect of which the trade mark was registered, if application for the registration under section twenty-five of this Act of the title of the person becoming entitled is made within six months from the date on which the approval is given, or was made before that date.

(2) Any decision of the Registrar under this paragraph shall be subject to appeal to the Court.