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38. Notwithstanding any thing in another law to the contrary a registered trade mark shall, subject to the provisions of this Chapter, be assignable and transmissible, whether with or without the goodwill of the business concerned and in respect either of all the goods or services in respect of which the trade mark is registered or of some only of those goods or services.

39. An unregistered trade mark may be assigned or transmitted with or without the goodwill of the business concerned."