WIPO Database of Intellectual Property
Legislative Texts
SOUTH AFRICA
(b)
The registrar may issue to the applicant such a certificate, which shall, unless it is shown
that it was obtained by fraud or misrepresentation, be conclusive as to the validity or invalidity under
the said subsection (4) of the assignment in so far as such validity or invalidity depends upon the facts
set out in the application, but a certificate in favour of validity shall be of no force or effect unless
application for registration of the assignment or transmission is made under section 40 within six
months from the date on which the certificate is issued.
(7) No assignment of a registered trade mark or a trade mark which is the subject of an application for
registration shall be of any force or effect unless it is in writing and signed by or on behalf of the assignor.
40. Registration of assignments and transmissions
(1) Where a person becomes entitled by assignment or transmission to a registered trade mark, he shall
make application on the form prescribed to the registrar to register his title, and the registrar shall on receipt
of the application and of proof of title to his satisfaction, register him as the proprietor of the trade mark and
shall cause particulars of the assignment or transmission to be entered in the register.
(2) Every application to register an assignment or transmission in terms of subsection (1) shall recite
the effective date of such assignment or transmission, and if application is made more than 12 months after
such date, the applicant shall be liable to pay such penalty as may be prescribed.
41. Hypothecation and attachment
(1) A registered trade mark may be hypothecated by a deed of security.
(2) A registered trade mark may be attached to found or confirm jurisdiction for the purposes of any
proceedings before the Transvaal Provincial Division of the Supreme Court of South Africa or the
magistrate’s court for the district of Pretoria and may be attached and sold in execution pursuant to an order
of any such court.
(3)
(a)
Where a deed of security has been lodged with the registrar in the prescribed manner, the
registrar shall endorse the register to that effect.
(b)
Such endorsement shall record the name and address of the person in whose favour the
deed of security has been granted and the nature and duration thereof.
(4) A deed of security in respect of which an endorsement has been made in accordance with the
provisions of subsection (3) shall have the effect of a pledge of the trade mark to the person or persons in
whose favour the deed of security has been granted.
(5) An assignment or transmission of a registered trade mark in respect of which a deed of security has
been endorsed in terms of subsection (3) shall not, without the written consent of the person in whose favour
the deed of security has been granted, be registered by the registrar in terms of section 40.
(6) Where the debt or obligation secured by a deed of security in respect of which the register has been
endorsed in terms of subsection (3) has been discharged, any person may apply to the registrar in the
prescribed manner for the removal from the register of an endorsement in relation thereto made under
subsection (3).
Part XII
Certification Trade Marks
and Collective Trade Marks
42. Certification trade marks
(1) A mark capable of distinguishing, in the course of trade, goods or services certified by any person
in respect of kind, quality, quantity, intended purpose, value, geographical origin or other characteristics of
the goods or services, or the mode or time of production of the goods or of rendering of the services, as the
case may be, from goods or services not so certified, shall, on application in the prescribed manner, be
registrable as a certification trade mark in respect of such first–mentioned goods or services, in the name, as
ZA009EN
Marks, Act, 22/12/1993, No. 194
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