WIPO Database of Intellectual Property
Legislative Texts
SOUTH AFRICA
(d)
take any other course which may lead to the just, speedy and as far as may be possible
inexpensive settlement of the case; and
(e)
make such order as to costs as justice may require.
(4) Every appeal to the Transvaal Provincial Division of the Supreme Court from a decision or order
of the registrar shall be noted and prosecuted in the manner prescribed by law for appeals to that division
against a civil order or decision of a single judge of that division, save that –
(a)
no leave to appeal to the said division shall be necessary;
(b)
the period within which such appeal shall be noted shall be three months after the date of
the decision or order;
(c)
the appeal shall be prosecuted within six weeks from the date upon which it was noted:
Provided that the said division may, on application and on good cause shown, allow such extension of time
for noting or prosecuting the appeal as it may deem necessary.
(5) The parties to proceedings before the registrar shall be deemed to be parties to civil proceedings
for the purposes of the Supreme Court Act, 1959 (Act No. 59 of 1959).
(6) Every appeal to the Appellate Division of the Supreme Court by virtue of subsection (5) shall be
governed by the Supreme Court Act, 1959, and shall be noted and prosecuted in the manner prescribed by
law for appeals to the said division in civil proceedings.
54. Power to order production of certificate of registration
In addition to any other powers conferred upon it by this Act, the court may in relation to any
application or appeal under this Act order any party to deliver to the court or to the registrar the certificate of
registration of any trade mark.
55. Notice to registrar of application to court
Before any application is made to the court for an order involving the performance of any act by the
registrar or affecting any entry in the register, the applicant shall in the manner prescribed give the registrar at
least 14 days’ notice before the hearing of such application: Provided that the registrar may, in his discretion,
waive such notice or accept such shorter notice as he may in the circumstances deem sufficient.
56. Registrar’s appearance in proceedings involving rectification of register
(1) In any legal proceeding in which the relief sought includes alteration or rectification of the register,
the registrar shall have the right to appear and be heard, and shall appear if so directed by the court.
(2) Unless otherwise directed by the court, the registrar, in lieu of appearing and being heard, may
submit to the court a statement in writing signed by him, giving particulars of the proceedings before him in
relation to the matters in issue or of the grounds of any decision given by him affecting such matters or of the
practice of the trade marks office in like cases or of such other matters relevant to the issues and within his
knowledge as registrar, as he thinks fit, and the statement shall be deemed to form part of the evidence in the
proceedings.
57. Court’s power to review registrar’s decision
The Transvaal Provincial Division of the Supreme Court shall have power to review any decision or
ruling of the registrar made under this Act.
58. Discretion of court in appeals
In any appeal to the court under this Act against a decision of the registrar, the court shall have power
to exercise the same discretionary powers as under this Act are conferred upon the registrar.
59. Procedure in cases of option to apply to court or registrar
(1) Where under any provision of this Act an applicant has an option to make an application either to
the court or to the registrar –
(a)
if proceedings concerning the trade mark in question are pending before the court, the
application must be made to the court;
ZA009EN
Marks, Act, 22/12/1993, No. 194
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