44.1. Background

All claimed interests in a trade mark should be recorded on the national Personal Property Securities Register (PPS Register), as the right of the registered owner to deal with the trade mark is limited only by those claimed interests that have been recorded on the PPS Register.  Registration is voluntary and legal advice may be required on whether a claimant should register their interest on the PPS Register.

Existing security interests recorded on the Trade Marks Register will remain but are of no legal effect.  Secured parties can still record their interests in or rights in respect of a trade mark on the Register if those claimants wish to receive certain notifications under the Trade Marks Act 1995.

Section 112(a) makes provision for recording in the Register claims to interests in, or rights in respect of, registered trade marks that may not be so recorded under another Part of the Act.  Section 113 allows for the recording of interests or rights that cannot be recorded in the Register under Part 10.  Regulation 17A.61 also provides for the recording in the Register claims to interest on a trade mark that is the subject of an IRDA or is a protected international trade mark.