Taxonomies
Related documents
- Is amended by Companies Act, 2008
- Is amended by Intellectual Property Laws Amendment Act, 1997
- Is commenced by Trade Marks Act, 1993: Commencement
South Africa
Trade Marks Act, 1993
Act 194 of 1993
- Published in Government Gazette 15400 on 5 January 1994
- Assented to on 22 December 1993
- Commenced on 1 May 1995 by Trade Marks Act, 1993: Commencement
- [This is the version of this document from 1 May 2011.]
- [Amended by Intellectual Property Laws Amendment Act, 1997 (Act 38 of 1997) on 1 October 1997]
- [Amended by Companies Act, 2008 (Act 71 of 2008) on 1 May 2011]
Part I – Introduction
1. Division of Act into parts
This Act is divided into 18 parts, which relate to the following matters respectively:PART I | Introduction (sections 1 to 4) |
PART II | Administration (sections 5 to 8) |
PART III | Registrable Trade Marks (sections 9 to 9) |
PART IV | Application for Registration (sections 16 to 20) |
PART V | Opposition (section 21) |
PART VI | Register of Trade Marks (sections 22 to 28) |
PART VII | Registration and its Effects (sections 29 to 32) |
PART VIII | Infringement (sections 33 to 36) |
PART IX | Duration and Renewal of Registration (section 37) |
PART X | Permitted Use and Registered Users (section 38) |
PART XI | Assignment and Hypothecation (sections 39 to 41) |
PART XII | Certification Trade Marks and Collective Trade Marks (sections 42 and 43) |
PART XIII | Powers and Duties of Registrar (sections 44 to 48) |
PART XIV | Evidence (sections 49 to 52) |
PART XV | Appeals to and Powers of Court (sections 53 to 59) |
PART XVI | Offences (sections 60 to 62) |
PART XVII | International Arrangements (section 63) |
PART XVIII | Miscellaneous (sections 64 to 72) |
2. Definitions
3. Application of Act to trade marks registered under repealed Act
4. Act binds State
This Act shall bind the StatePart II – Administration
5. ***
[section 5 repealed by section 224(2) of Act 71 of 2008]6. Registrar of trade marks
7. Seal of trade marks office
There shall be a seal of the trade marks office, and the impression of the seal shall be judicially noticed.8. Unauthorized persons not to act in trade mark matters
Part III – Registrable trade marks
9. Registrable trade marks
10. Unregistrable trade marks
The following marks shall not be registered as trade marks or, if registered, shall, subject to the provisions of sections 3 and 70, be liable to be removed from the register:11. Registration to be in respect of particular goods or services
12. Name or representation of person
Where application is made for registration of a trade mark which consists of or includes the name or representation of a person, the registrar may require the applicant to furnish him with the consent of that person or, where such person is deceased, of his legal representative, to the name or representation appearing in the trade mark.13. ***
[section 13 repealed by section 61 of Act 38 of 1997]14. Honest concurrent use
15. Registration subject to disclaimer
If a trade mark contains matter which is not capable of distinguishing within the meaning of section 9, the registrar or the court, in deciding whether the trade mark shall be entered in or shall remain on the register, may require, as a condition of its being entered in or remaining on the register—Part IV – Application for registration
16. Application for registration
17. Advertisement of accepted application
When an application for registration of a trade mark has been accepted, the applicant shall, as soon as may be after acceptance, cause the application as accepted to be advertised in the prescribed manner.18. Registration of parts of trade marks
19. Proposed use of trade mark by body corporate to be established
20. Non-completed applications
Part V – Opposition
21. Opposition to registration
Any interested person may, within three months from the date of the advertisement of an application in terms of section 17 or within such further time as the registrar may allow, oppose the application in the manner prescribed.Part VI – Register of trade marks
22. Register
23. Amendment of register
24. General power to rectify entries in register
25. Alteration of registered trade mark
26. Power to remove or vary registration for breach of condition
27. Removal from register on ground of non-use
28. Date of removal and partial removal
Part VII – Registration and its effects
29. Registration
30. Certain trade marks to be associated so as to be assignable and transmissible as a whole only
31. Use of one associated or substantially identical trade mark equivalent to use of another
32. Limitation of trade mark as to particular colours
Part VIII – Infringement
33. Registration a condition precedent to an action for infringement
No person shall be entitled to institute any proceedings under section 34 in relation to a trade mark not registered under this Act: Provided that nothing in this Act shall affect the rights of any person, at common law, to bring any action against any other person.34. Infringement of registered trade mark
35. Protection of well-known marks under Paris Convention
36. Saving of vested rights
Part IX – Duration and renewal of registration
37. Duration and renewal of registration
Part X – Permitted use and registered users
38. Permitted use and registered users
Part XI – Assignment and hypothecation
39. Powers of, and restrictions on, assignment and transmission
40. Registration of assignments and transmissions
41. Hypothecation and attachment
Part XII – Certification trade marks and collective trade marks
42. Certification trade marks
43. Collective trade marks
Part XIII – Powers and duties of registrar
44. Venue of proceedings
Any proceedings before the registrar under this Act shall be heard and disposed of by him at the trade marks office: Provided that if it be made to appear to him by any party that the proceedings may more conveniently or fitly be heard and disposed of in another place, he may hear and dispose of the proceedings in such other place.45. General powers of registrar
46. Power of registrar to allow amendment of document
47. Duty of registrar in exercising discretionary power to give opportunity to applicant of being heard
Whenever any discretionary power is by this Act given to the registrar, he shall not exercise that power adversely to any person without giving that person an opportunity of being heard personally or by his agent.48. Taxation of costs awarded by registrar
Any costs awarded by the registrar shall be taxed by a taxing officer of the Transvaal Provincial Division of the Supreme Court and payment thereof may be enforced in the same manner as if they were costs allowed by a judge of that division.48A. List of emblems of convention countries and international organizations
Part XIV – Evidence
49. Register to be prima facie evidence
Any register kept under this Act shall be prima facie evidence of any matters directed or authorized by this Act to be inserted in that register.50. Certificate of registrar to be prima facie evidence
51. Registration to be prima facie evidence of validity
In all legal proceedings relating to a registered trade mark (including applications under section 24) the fact that a person is registered as the proprietor of the trade mark shall be prima facie evidence of the validity of the original registration of the trade mark and of all subsequent assignments and transmissions thereof.[section 51 substituted by section 68 of Act 38 of 1997]52. Certification of validity
Part XV – Appeals to and powers of court
53. Recourse to court, and appeals
54. Power to order production of certificate of registration
In addition to any other powers conferred upon it by this Act, the court may in relation to any application or appeal under this Act order any party to deliver to the court or to the registrar the certificate of registration of any trade mark.55. Notice to registrar of application to court
Before any application is made to the court for an order involving the performance of any act by the registrar or affecting any entry in the register, the applicant shall in the manner prescribed give the registrar at least 14 days’ notice before the hearing of such application: Provided that the registrar may, in his discretion, waive such notice or accept such shorter notice as he may in the circumstances deem sufficient.56. Registrar’s appearance in proceedings involving rectification of register
57. Court’s power to review registrar’s decision
The Transvaal Provincial Division of the Supreme Court shall have power to review any decision or ruling of the registrar made under this Act.58. Discretion of court in appeals
In any appeal to the court under this Act against a decision of the registrar, the court shall have power to exercise the same discretionary powers as under this Act are conferred upon the registrar.59. Procedure in cases of option to apply to court or registrar
Part XVI – Offences
60. Penalties for fraud in relation to registers
Any person who—61. Penalty for making false statements for purpose of deceiving or influencing registrar or other officer
Any person who—62. Penalty for falsely representing trade mark as registered
Part XVII – International arrangements
63. International arrangements
Part XVIII – Miscellaneous
64. Use of trade mark for export trade
The application of a trade mark in the Republic to goods to be exported from the Republic and any other act performed in the Republic in relation to goods to be so exported which, if performed in relation to goods to be sold or otherwise traded in within the Republic, Would constitute use of a trade mark therein, shall be deemed to constitute use of the trade mark in relation to those goods for any purpose for which such use is material under this Act or at common law.65. Payment of prescribed fee to be made before acts performed or documents issued
Whenever under this Act any prescribed fee is payable in respect of any application, registration, matter or document, the registrar may refuse to perform the act or to receive or to issue the document, as the case may be, until the fee payable in respect thereof is paid.66. Address for service
67. Calculation of periods of time
68. Persons under disability
If any person is, by reason of minority, lunacy or other disability, incapable of making any declaration or performing any act required or permitted by this Act, then the guardian, curator or other legal representative (if any) of such person or, if there be none, any person appointed by the court upon application on behalf of the person under disability or on behalf of any other person interested in the making of such declaration or performing such act may make the declaration or a declaration as nearly corresponding thereto as circumstances permit, and perform the act in the name and on behalf of the person under disability, and all acts performed by such substitute shall, for the purposes of this Act, be as effectual as if performed by the person for whom he is substituted.69. Fees, regulations, forms and classification of goods
70. Transitional provisions
71. Repeal of laws
The following laws are hereby repealed:72. Short title and commencement
This Act shall be called the Trade Marks Act, 1993, and shall come into operation on a date fixed by the State President by proclamation in the Gazette.History of this document
01 May 2011 this version
Amended by
Companies Act, 2008
01 October 1997
01 May 1995
Commenced by
Trade Marks Act, 1993: Commencement
05 January 1994
22 December 1993
Assented to
Cited documents 2
Act 2
1. | Patents Act, 1978 | 174 citations |
2. | Transfer of Powers and Duties of the State President Act, 1986 | 77 citations |
Documents citing this one 180
Gazette 99
Judgment 74
Act 5
1. | Companies Act, 2008 | 1920 citations |
2. | Income Tax Act, 1962 | 1628 citations |
3. | Consumer Protection Act, 2008 | 1138 citations |
4. | Competition Act, 1998 | 827 citations |
5. | Medicines and Related Substances Control Act, 1965 | 663 citations |
By-law 1
1. | 2010 FIFA World Cup By-law, 2009 |
Government Notice 1
1. | Designs Regulations, 1999 |
Subsidiary legislation
Title
|
Date
|
|
---|---|---|
Trade Mark Regulations, 1995: Amendment | Government Notice R987 of 2005 | 10 October 2005 |
Trade Mark Regulations, 1995: Amendment | Government Notice R603 of 2005 | 1 July 2005 |
Trade Mark Regulations, 1995: Amendment | General Notice 211 of 2002 | 15 February 2002 |
Trade Mark Regulations, 1995: Amendment | Government Notice R310 of 1997 | 28 February 1997 |
Trade Mark Regulations, 1995: Amendment | Government Notice R51 of 1996 | 19 January 1996 |