WIPO Database of Intellectual Property
Legislative Texts
SOUTH AFRICA
Part VII
Registration and its Effects
29. Registration
(1) When an application for registration of a trade mark has been accepted and advertised in the
prescribed manner and either –
(a)
the application has not been opposed and the time for notice of opposition has expired; or
(b)
the application has been opposed and has been granted, the registrar shall register the
trade mark as on the date of the lodging of the application for registration, and that date
shall, subject to the provisions of section 63, for the purposes of this Act be deemed to be
the date of registration: Provided that where it appears to the registrar, having regard to
matters which came to his notice after acceptance of an application, that the trade mark
has been accepted in error, he may withdraw the acceptance and proceed as if the
application had not been accepted.
(2) On the registration of a trade mark, the registrar shall issue to the applicant a certificate in the
prescribed form of the registration thereof sealed with the seal of the trade marks office.
30. Certain trade marks to be associated so as to be assignable and transmissible as a whole only
(1) Where a trade mark that is registered or is the subject of an application for registration so
resembles another trade mark that is registered or is the subject of an application for registration in the name
of the same proprietor that the use of both such trade marks by different persons in relation to goods or
services in respect of which they are respectively registered or proposed to be registered would be likely to
deceive or cause confusion, the registrar may at any time require that the trade marks be entered in the
register as associated trade marks.
(2) Where a trade mark and any part or parts thereof are, by virtue of subsection (1) of section 18,
registered as separate trade marks in the name of the same proprietor, they shall be deemed to be, and shall
be registered as, associated trade marks.
(3) Any association of a trade mark with any other trade mark registered in the name of the same
proprietor shall be deemed to be an associate with all trade marks associated with that other trade mark.
(4) Trade marks that are registered as, or that are deemed by virtue of this Act to be, associated trade
marks shall only be assignable or transmissible together and not separately, but they shall for all other
purposes be deemed to have been registered as separate marks.
(5) On application made in the prescribed manner by the registered proprietor of two or more trade
marks registered as associated trade marks, the registrar may dissolve the association as regards any of them
if he is satisfied that there would be no likelihood of deception or confusion being caused if that trade mark
were used by another person in relation to any of the goods or services in respect of which it is registered,
and may amend the register accordingly.
31. Use of one associated or substantially identical trade mark equivalent to use of another
(1) When under the provisions of this Act use of a registered trade mark is required to be proved for
any purpose, the registrar or the court, as the case may be, may, if and so far as he or it deems fit, accept
proof of the use of an associated registered trade mark or of the trade mark with additions or alterations not
substantially affecting its identity, as equivalent to proof of the use required to be proved.
(2) The use of the whole of a registered trade mark shall for the purposes of this Act be deemed to be
the use also of any registered trade mark being a part thereof and registered in the name of the same
proprietor by virtue of subsection (1) of section 18.
32. Limitation of trade mark as to particular colours
(1) A trade mark may be limited in whole or in part to a particular colour or colours, and in case of any
application for the registration of a trade mark the fact that the trade mark is so limited shall be taken into
consideration in deciding whether it is capable of distinguishing.
ZA009EN
Marks, Act, 22/12/1993, No. 194
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