Document ID: chunk:federal_register_of_legislation:F2024C00893:front:0:p49
Version: federal_register_of_legislation:F2024C00893
Segment Type: other
Provision Reference: 
Character Range: 123353–126115

opposition is dismissed under regulation 9.10 or discontinued, the Registrar must notify the parties of the dismissal or discontinuance.

9.23  Removal of trade mark from register
  If the Registrar dismisses the opposition under regulation 9.10, the Registrar must remove the trade mark from the Register in respect of the goods, services, or both, specified in the application for removal.

Part 10—Assignment and transmission of trade marks

10.1  Applications for assignment etc to be recorded or entered
  For the purposes of paragraphs 107(2)(b) and 109(2)(b) of the Act (which deal with assignment and transmission), the following documents are prescribed:
 (a) a document that establishes the title to a trade mark of the assignee, or of the person to whom the trade mark has been transmitted;
 (b) evidence in writing of consent of the Commission to the assignment of a certification trade mark.

10.2  Recording of assignment etc—trade marks not registered
 (1) For the purposes of paragraph 108(1)(a) of the Act (which deals with assignment and transmission), the Registrar must record particulars of the assignment or transmission of a trade mark in accordance with this regulation unless:
 (a) the application to assign or transmit the trade mark is withdrawn; or
 (b) a prescribed court determines otherwise.
 (2) If there is no record made under Part 11 of the Act of a person claiming an interest in, or a right in respect of, the trade mark, the Registrar must record the particulars after ascertaining that a claim has not been recorded.
 (3) If:
 (a) there is a record made under Part 11 of the Act of a person, or persons, claiming an interest in, or a right in respect of, the trade mark; and
 (b) the Registrar has notified that person, or each of those persons, under subregulation 10.5(1); and
 (c) that person or each of those persons has, within the period of 2 months from the date of the notice mentioned in paragraph (b), given written notice to the Registrar consenting to the assignment or transmission;
the Registrar must record the particulars after the Registrar has received the last notice consenting to the assignment or transmission.
 (4) If:
 (a) paragraphs (3)(a) and (b) apply; and
 (b) the person, or any of the persons, notified by the Registrar under subregulation 10.5(1) has not consented in writing to the assignment or transmission of the trade mark within the period of 2 months from the date of the notice;
the Registrar must record the particulars as soon as practicable after the end of that period.

10.3  Particulars of recorded assignment or transmission to be published
  For the purposes of paragraph 108(1)(b) of the Act (which deals with assignment and transmission):
 (a) the following particulars of