No. 4907
Act No. 1, 2012
Government Gazette 23 March 2012
85
INDUSTRIAL PROPERTY ACT, 2012
(3)
Any opposition to the restoration of a trade mark must follow the
opposition procedure prescribed in the regulations.
(4)
If there is no opposition as provided for in subsection (2), or if there is
opposition and the Registrar is satisfied that such opposition is without merit, he or she
must restore the trade mark registration.
(5)
Any such restoration of the trade mark registration is subject to the
payment of such renewal fees as contemplated in section 158 as remain unpaid at the
date of the restoration.
(6)
If there is opposition as provided for in subsection (2) and the Registrar
is satisfied that the opposition has merit, he or she must refuse to restore the trade mark
registration.
(7)
The owner of a trade mark registration restored in accordance with
subsections (1) to (5) is not entitled, in terms of the provisions of section 152, to
institute any proceedings against or recover damages from any person who commenced
using the trade mark after the lapse of a period of six months from the date on which
the annual fee was due and before the date on which the notice of the application for
restoration was published.
(8)
Where a trade mark registration has been restored in accordance with
subsections (1) to (5), any person who during the period referred to in subsection (7)
expended any money, time or labour with a view to using the trade mark and who is
prevented from such use by the restoration of the trade mark, may apply to the Tribunal
for compensation to be paid by the owner of the trade mark registration in respect of the
money, time and labour so expended.
Alteration or amendment of trade mark
160.
(1)
The registered owner of a trade mark may apply in the
prescribed manner to the Registrar for permission 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 on such terms and subject to such limitations as he or she may
think fit.
(2)
After granting an application to alter a trade mark in terms of subsection
(1), the Registrar must request the applicant to advertise the grant of the application for
alteration in the prescribed manner.
(3)
Any person may, within three months from the date of the advertisement
referred to in subsection (2) or such further period as the Registrar may allow, oppose
the grant of the application for alteration.
(4)
Any opposition to the amendment or alteration of a trade mark must
follow the opposition procedure as prescribed.
(5)
The Registrar may, on request made in the prescribed manner by the
registered owner of a trade mark, amend or alter the register by -