Kindly refer to the provisions of Section 39 and 40 of the Trade Marks Act in relation to assignments.
For purposes of recording an assignment, i.e. where one trade mark owner sells his trade mark to another person/entity, the following is required:-
- Complete form TM6 and submit to the Registrar requesting the recordal of the assignment
- The application for assignment is to be accompanied by a document concluded between both parties (the "assignor" = previous trade mark holder, and the "assignee" = the new trade mark holder), evidencing the assignment, i.e. a Deed of Assignment
- A Power of Attorney in the name of the assignee
- Application for assignment to be accompanied by the prescribed fee of R150.00 for the 1st trade mark to be assigned, and R26.00 thereafter for each additional mark being assigned
- The application for assignment should be lodged within 12 months from the effective date of the assignment, as stipulated in the Deed of Assignment
- Should application for assignment not be made within 12 months, a penalty fee of R48.00 is payable for every 12 months or portion thereof following the expiration of the 12 months period from the effective date
- Where an assignment certificate is required in the name of the assignee/new trade mark owner, a further fee of R48.00 is payable. Should no fee be paid, the office will only issue a formal notification confirming recordal of the assignment, and not an assignment certificate
Hypothecation and Attachments
Kindly refer to the provisions of Section 41 of the Act, read together with Regulation 43.