17. Honest concurrent user and other special circumstance applications
[Section 14]
An application in terms of the provisions of section 14(1) of the Act
shall be made on Form TM1 accompanied by a statement of case and an affidavit
in support of it.
18. Advertisement of application
[Section 17]
(1) Every application for registration of a trade mark shall be advertised
once in the Patent Journal by the applicant, in the form and wording required
by the Registrar.
(2) In respect of any other application or notice the provisions of
subregulation (1) shall mutatis mutandis apply.
19. Proceedings before the Registrar
[Sections 21, 24, 26, 27 and 45]
(1) All proceedings brought before the Registrar in terms of section 21,
24, 26 and 27 of the Act shall be brought on notice of opposition or notice
of rectification, as the case may be, supported by an affidavit as to
the facts upon which the applicant relies for relief.
(2) (a) A notice of opposition in terms of section 21 shall be brought
on or as near as may be in accordance with Form TM3 of the second schedule.
(b) A notice of rectification in terms of sections 24, 26 and 27 shall
be brought on or as near as may be in accordance with Form TM3 of the
second schedule.
(c) A copy of such notice, and all annexures to it, shall be served upon
every interested party.
(d) In the notice the applicant shall appoint an address for service in
terms of regulation 7(1) at which he will accept notice and service of
all documents in such proceedings, and shall set forth a day, not less
than one month after service of it on the respondent, on or before which
such respondent is required to notify the applicant and the Registrar,
in writing, whether he intends to defend such application, and the notice
shall further state that if no such notification is given, the application
will be set down for hearing on a stated date, being not less than 10
days after expiry of the one-month period referred to above.
(e) If the respondent does not, on or before the day mentioned for that
purpose in such notice, notify the applicant and the Registrar of his
intention to defend, the applicant may set the matter on the roll for
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