Draft Trade Marks Bill - Assignments and Licences

The present complicated rules about registered users and assignments are substantially relaxed.

Trade marks may be assigned, pledged or licensed, and also sub-licensed (which is not permitted under the existing law), in relation to all or some of the goods or services for which they are registered or applied.

Recording these transactions will be voluntary. Use by a licensee will be deemed use by the owner to protect marks against cancellation for non-use, irrespective of whether the licence is registered. There will, however, be a strong incentive to record "registrable transactions". Until an application has been made for recordal, they will be ineffective against a person acquiring a conflicting interest without notice of the unrecorded transaction. In addition, only a registered licensee will be able to sue for infringement. Furthermore, an assignee or licensee who fails to register a registrable transaction within six months will not be entitled to damages or an account