No. 4907
Government Gazette 23 March 2012
Act No. 1, 2012
79
INDUSTRIAL PROPERTY ACT, 2012
(5)
Where the applicant files a counter-statement, the Registrar must as
soon as possible furnish a copy thereof to the person opposing who may, within the
prescribed period and in the prescribed manner, lodge a replying statement.
(6)
A person who gives notice of opposition as contemplated in subsection
(1), and an applicant who files a counter-statement as contemplated in subsection (5)
must submit evidence in support of the opposition or counter-statement as may be
prescribed.
(7)
The Registrar must, after hearing the parties and considering the merits
of the case, decide whether or not the mark should be registered.
(8)
After the publication of the application and until the registration of the
mark, the applicant has the same right to damages as he or she would have had if the
mark had been registered, but it is a valid defence to an action brought under this section
in respect of an act done after the application was published, if the mark has in fact not
been registered or if the defendant proves that the mark could not validly have been
registered at the time the act was done.
Registration and issuance of certificate
148.
(1)
(a)
the application for the registration of a mark complies with the
requirements of sections 131, 134, 137, 138 and 140; and
(b)
the registration of the mark has –
(i)
not been opposed under section 147 within the prescribed time
limit; or
(ii)
been opposed but the Registrar has decided in the applicant’s
favour,
Where the Registrar is satisfied that –
the Registrar must register the trade mark in the appropriate register and issue to the
applicant a certificate of registration.
(2)
Where –
(a)
the requirements for the registration of a mark as contemplated in
subsection (1) are not complied with; or
(b)
an application for the registration of a mark has been successfully
opposed under section 147,
the Registrar must refuse to register that mark as a trade mark.
(3)
If, by reason of default on the part of the applicant, after acceptance of
the application in terms of section 146(1)(a), the registration of a trade mark has not been
completed within the prescribed period from the date of such acceptance, the Registrar