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Legislative Texts
SOUTH AFRICA
(b)
if in any other case the application is made to the registrar, he may, at any stage of the
proceedings, refer the application to the court, or he may, after hearing the parties,
determine the question between them.
(2) Where proceedings in terms of section 21, 24, 26, 27 or 38(8) are pending before the registrar, the
registrar may in his discretion refer the proceedings to the court, and shall refer the proceedings to the court
on written application of all the parties to such proceedings.
Part XVI
Offences
60. Penalties for fraud in relation to registers
Any person who –
(a)
makes or causes to be made a false entry in any register kept under this Act;
(b)
makes or causes to be made a writing falsely purporting to be a copy of an entry in any
such register; or
(c)
produces or tenders or causes to be produced or tendered as evidence any such entry or
copy thereof knowing it to be false,
shall be guilty of an offence and liable on conviction to a fine, or to imprisonment for a period not exceeding
12 months.
61. Penalty for making false statements for purpose of deceiving or influencing registrar or other
officer
Any person who –
(a)
for the purpose of deceiving the registrar or any officer in the execution of the provisions
of this Act; or
(b)
for the purpose of procuring or influencing the doing or omission of anything in relation to
this Act or any matter thereunder,
makes a false statement or representation knowing it to be false, shall be guilty of an offence and liable on
conviction to a fine, or to imprisonment for a period not exceeding 12 months.
62. Penalty for falsely representing trade mark as registered
(1) Any person who makes a representation –
(a)
with respect to a mark not being a registered trade mark, to the effect that it is a registered
trade mark;
(b)
with respect to a part of a registered trade mark not being a part separately registered as a
trade mark, to the effect that it is so registered;
(c)
to the effect that a registered trade mark is registered in respect of any goods or services
in respect of which it is not registered; or
(d)
to the effect that the registration of a trade mark gives an exclusive right to the use thereof
in any circumstances in which, having regard to limitations entered in the register, the
registration does not give that right,
shall be guilty of an offence and liable on conviction to a fine, or to imprisonment for a period not
exceeding 12 months.
(2) For the purposes of this section, the use in the Republic in relation to a trade mark of the word
“registered” or of any abbreviation thereof or of any other word or letter which might reasonably be construed
as referring to registration, including the symbol R, shall be deemed to import a reference to registration in the
register except –
(a)
where that word, abbreviation, letter or symbol is used in physical association with other
words delineated in characters at least as large as those in which that word, abbreviation,
letter or symbol is delineated and indicating that the reference is to registration as a trade
ZA009EN
Marks, Act, 22/12/1993, No. 194
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