WIPO Database of Intellectual Property
Legislative Texts
SOUTH AFRICA
(4) The register shall be open at all convenient times during office hours to inspection by the public.
(5) A certified copy of an entry in the register shall be given to any person who applies for such a copy
in the prescribed manner.
23. Amendment of register
(1) The registrar may correct any error in the register made by an official of his office.
(2) The registrar may, on request made in the prescribed manner by the registered proprietor of a trade
mark, amend or alter the register by –
(a)
correcting any error in the name or address of the registered proprietor of the trade mark
or any error in the register relating to such trade mark;
(b)
altering the name or address or address for service of the registered proprietor who has
changed his name or address or address for service;
(c)
cancelling the registration of the trade mark;
(d)
deleting any goods or services or classes of goods or services from those in respect of
which the trade mark is registered; or
(e)
entering a disclaimer or memorandum relating to the trade mark which does not in any way
extend the rights given by the registration of the trade mark.
(3) The registrar may, on request made in the prescribed manner by the registered proprietor or a
registered user of a trade mark, enter in the register any change in the name or address of such registered
user.
24. General power to rectify entries in register
(1) In the event of non–insertion in or omission from the register of any entry, or of an entry wrongly
made in or wrongly remaining on the register, or of any error or defect in any entry in the register, any
interested person may apply to the court or, at the option of the applicant and subject to the provisions of
section 59, in the prescribed manner, to the registrar, for the desired relief, and thereupon the court or the
registrar, as the case may be, may make such order for making, removing or varying the entry as it or he may
deem fit.
(2) The court or the registrar, as the case may be, may in any proceedings under this section decide any
question that may be necessary or expedient to decide in connection with the rectification of the register.
(3) In the event of the registrar being satisfied that any entry relating to the registration, assignment or
transmission of a trade mark has been secured mala fide or by misrepresentation or that any such entry was
wrongly made or wrongly remains on the register, he shall also have locus standi to apply to the court under
the provisions of this section.
25. Alteration of registered trade mark
(1) The registered proprietor of a trade mark may apply in the prescribed manner to the registrar for
leave to add to or alter the trade mark in any manner not substantially affecting the identity thereof, and the
registrar may refuse leave or may grant it in such terms and subject to such limitations as he may think fit.
(2)
(a) The registrar shall require the applicant to advertise the grant of the application in the
prescribed manner.
(b) Any interested person may, within three months from the date of the advertisement or such
further period as the registrar may allow, object in the prescribed manner, to the grant of the
application.
26. Power to remove or vary registration for breach of condition
(1) Any interested person may apply for the removal from the register, or a variation, of a registered
trade mark if its proprietor or any person permitted to use it in terms of section 38 fails to comply with any
condition entered in the register in relation to its registration.
(2) Such application may be made to the court or to the registrar.
(3) The registrar has locus standi to make such application to the court.
ZA009EN
Marks, Act, 22/12/1993, No. 194
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