WIPO Database of Intellectual Property
Legislative Texts
SOUTH AFRICA
Part XIV
Evidence
49. Register to be prima facie evidence
Any register kept under this Act shall be prima facie evidence of any matters directed or authorized by
this Act to be inserted in that register.
50. Certificate of registrar to be prima facie evidence
(1) A certificate purporting to be under the hand of the registrar as to any entry, matter or thing which
he is authorized by this Act to make or do, shall be prima facie evidence of the entry having been made and
of the contents thereof and of the matter or thing having been done or left undone.
(2) Printed or written copies or extracts purporting to be copies of or extracts from any register or book
or document relating to trade marks and kept in the trade marks office and certified by the registrar and
sealed with the seal of that office, shall be admitted in evidence in all courts and proceedings without further
proof or production of the originals.
51. Registration to be prima facie evidence of validity
In all legal proceedings relating to a registered trade mark (including applications under section 25) the
fact that a person is registered as the proprietor of the trade mark shall be prima facie evidence of the
validity of the original registration of the trade mark and of all subsequent assignments and transmissions
thereof.
52. Certification of validity
(1) If in any proceedings the validity of any registration of a trade mark is in issue, the court finding
that registration to be valid, may certify to that effect.
(2) If in any subsequent proceedings the validity of that registration is unsuccessfully attacked by any
party, that party shall, unless the court otherwise directs, pay to the other party his full costs, charges and
expenses as between agent or attorney and client so far as that registration is concerned.
Part XV
Appeals to and Powers of Court
53. Recourse to court, and appeals
(1) Without derogating from the provisions of subsection (2), any person aggrieved by any decision or
order of the registrar may, within a period of three months after the date of any such decision or order, apply
to the Transvaal Provincial Division of the Supreme Court for relief, and the said court shall have the power
to consider the merits of any such matter, to receive further evidence, and to make any order as it may deem
fit.
(2) Any party to any opposed proceedings before the registrar may appeal to the Transvaal Provincial
Division of the Supreme Court against any decision or order pursuant to such proceedings.
(3) In addition to any other powers conferred upon it by this Act, the Transvaal Provincial Division of
the Supreme Court may in relation to such appeal –
(a)
confirm, vary or reverse the order or decision appealed against, as justice may require;
(b)
if the record does not furnish sufficient evidence or information for the determination of
the appeal, remit the matter to the registrar with instructions in regard to the taking of
further evidence or the setting out of further information;
(c)
order the parties or either of them to produce at some convenient time in the said court
such further proof as shall to it seem necessary or desirable; or
ZA009EN
Marks, Act, 22/12/1993, No. 194
page 18 / 23