required, decide the matter.
(4) An appeal shall lie from any decision of the Registrar under this section.
(5) Where leave to add to or alter a trade mark has been granted, the proprietor shall
advertise in the prescribed manner the trade mark as altered, unless it has already
been advertised in the form to which it has been altered in an advertisement under
subsection (2).
41
Adaptation of entries in Register to amended or substituted classification of
goods or services
(1) Where the prescribed classification in accordance with which a trade mark was
registered, whether it was registered before, on or after the appointed day, is revised
or substituted by a new classification, the proprietor of the trade mark shall, together
with any application in terms of section twenty-four for the renewal of the registration
thereof or the restoration of that trade mark to the Register, apply in the prescribed
manner for revision of the class or classes in which the trade mark is registered so as
to bring it in accord with the revised or substituted classification.
(2) If, on an application in terms of subsection (1), as a result of the revised or
substituted classification—
(a)
two or more identical trade marks owned by the same proprietor,
which were under the previous registration registered in separate classes, fall within a
single class, such marks may be consolidated as one registration in the revised or
substituted class; or
(b)
a trade mark is required to be recorded in more than one class, such
mark shall be separately registered in each class in which the mark is so recorded and
shall be treated as separate trade marks for the purposes of this Act.
(3) Regulations made in terms of section one hundred and four may empower the
Registrar to amend the Register, whether by making or expunging or varying entries
therein, for the purpose of adapting the designation therein of the goods or services or
classes of goods or services in respect of which trade marks are registered to any
amended or substituted classification that may be prescribed.
(4) The Registrar shall not, in the exercise of any power conferred upon him by
regulations referred to in subsection (3), make any amendment to the Register that
would have the effect of—
(a)
adding any goods or services or classes of goods or services to those
in respect of which a trade mark is registered, whether in one or more classes,
immediately before the amendment is to be made; or
(b)
ante-dating the registration of a trade mark in respect of any goods or
services:
Provided that the provisions of this subsection shall not have effect in
relation to any goods or services as to which the Registrar is satisfied that compliance
with such provisions in relation thereto would involve undue complexity and that the
addition or ante-dating, as the case may be, would not affect any substantial quantity
of goods or services and would not substantially prejudice the rights of any person.
(5) An appeal shall lie from any decision of the Registrar under this section.
PART IX
CERTIFICATION MARKS
42
Certification mark to be distinctive
(1) A mark apt, in relation to any goods or services, to distinguish in the course of
trade, goods or services certified by any person in respect of origin, material, mode of
manufacture or performance, quality, accuracy or any other characteristic from goods
or services not so certified shall be registrable as a certification mark in Part C of the
Register in respect of those goods or services in the name, as proprietor thereof, of
that person:
Provided that a mark shall not be so registrable in the name of a person who carries
on a trade in goods or services of the kind certified.
(2) In determining whether a mark is apt to distinguish as mentioned in subsection