3.4 Applications for alteration, assignment, expunction or cancellation

An application for the alteration, assignment, expunction or cancellation of a registered trade mark ²⁰ that was received before the commencement of the Trade Marks Act 2002 will be processed in accordance with the Trade Marks Act 1953.²¹

An application for the alteration, expunction or cancellation of a registered trade mark that is received after the commencement of the Trade Marks Act 2002 will be processed in accordance with the Trade Marks Act 2002.

An application for the assignment of a registered trade mark that is received after the commencement of the Trade Marks Act 2002 will be processed in accordance with the Trade Marks Act 2002, even if the assignment document itself is dated before the new Act comes into force.

Footnotes

²⁰ Other than applications for the alteration, assignment, expunction or cancellation of a registered defensive trade mark; see section 203(2) of the Trade Marks Act 2002.