80
Act No. 1, 2012
Government Gazette 23 March 2012
No. 4907
INDUSTRIAL PROPERTY ACT, 2012
must give notice of the non-completion to the applicant, and, if at the expiration of the
prescribed period from that notice or of such further time as the Registrar may allow,
the registration is not completed, the application must be considered as having been
abandoned.
(4)
If the application is conditionally accepted in terms of sections
146(1)(b) or 146(4) or 146(5)(b) and the applicant fails to take such steps as are available
to him or her under this Act to complete the registration of the trade mark within the
prescribed period, or such further time as the Registrar may allow, the application must
be considered as having been abandoned.
Registration of parts trade marks
149.
(1)
Where the proprietor of a trade mark claims to be entitled to the
exclusive use of any part thereof separately, he or she may apply to register the whole
and any such part as separate trade marks.
(2)
Each such separate trade mark must satisfy all the requirements for
registration of a trade mark under this Act and must for all purposes be a registered trade
mark.
Publication of registered marks
150. When the Registrar has registered the trade mark as provided for in
section 148, the Registrar must publish, in the bulletin, a reference to the registration of
the trade mark.
PART 4
RIGHTS CONFERRED BY REGISTRATION
Exclusive right
151.
(1)
Subject to sections 153, 154 and 155, the registered owner of
a trade mark has the right to exclude all other persons from using the registered trade
mark in the course of trade in the manner contemplated in section 152, unless that other
person has been authorised, in writing, to do so by the registered owner of that mark.
(2)
A trade mark must be registered in respect of goods and services falling
in a particular class or classes as provided for in the International Classification of Goods
and Services or any prescribed classification of goods or services, as contemplated in
section 133, and the rights arising from the registration of a trade mark are determined
in accordance with the classification applicable at the date of registration.
Rights conferred by registration
152.
(1)
The registered owner of a trade mark or a registered licensee
in the circumstances as contemplated in section 170(4) has, in addition to any other
rights, remedies or actions available to him or her, the right to institute legal proceedings
against any person who infringes the trade mark by using the mark in the course of
trade, as contemplated in section 182, and without the owners written authorisation,