authorize the use of the certification mark in accordance with the rules.
(2) Rules deposited in terms of subsection (1) shall be open to inspection in like
manner as the Register.
(3) Rules deposited in terms of subsection (1) may, on the application in the
prescribed manner by the registered proprietor, be altered by the Registrar.
(4) The Registrar may direct that an application for an alteration in terms of
subsection (3) shall be advertised in any case where it appears to him that it is
expedient so to do.
(5) Where an application has been advertised in terms of subsection (4), if, within the
prescribed period from the date of the advertisement, any person gives notice to the
Registrar of opposition to the application subsections (2) to (11) of section twentytwo shall apply, mutatis mutandis.
47
Rectification of Part C of Register
The power to order rectification of the Register conferred by section thirty-seven shall
include, in relation to certification marks, rectification on the ground that—
(a)
in the case of any goods or services in respect of which the mark is
registered, the proprietor is no longer competent to certify these goods or services as
is contemplated by section forty-two; or
(b)
the proprietor has failed to observe a provision of the rules deposited
in terms of section forty-six which it was his duty to observe; or
(c)
it is no longer to the advantage of the public that the mark should be
registered; or
(d)
the advantage of the public requires that if the mark remains
registered, the rules deposited in terms of section forty-six should be varied.
48
Assignment or transmission of certification mark
A certification mark shall not be assignable or transmissible otherwise than with the
consent of the Registrar who may grant his consent subject to such terms and
conditions as he may think fit.
49
Appeals against refusal by registered proprietor to certify goods or services
(1) There shall be a right of appeal to the Registrar in the prescribed manner against
the refusal by the registered proprietor of a certification mark to certify goods or
services or to authorize the use of the certification mark in accordance with the rules
deposited in terms of section forty-six.
(2) Notwithstanding section fifty-five, the Registrar shall not have jurisdiction to
award costs to or against any party on an appeal to him in terms of subsection (1).
50
Provisions of the Act not applicable to certification mark
Save as otherwise provided in this Part, this Act other than—
(a)
subsections (4) to (8) of section twenty-seven and sections thirty-one,
thirty-two, thirty-three, thirty-four and ninety-nine; and
(b)
any provision the operation of which is limited by the terms thereof to
registration in Part B of the Register; shall apply, mutatis mutandis, in relation to a
certification mark.
PART X
FUNCTIONS OF REGISTRAR IN RELATION TO CERTAIN EVIDENCE,
DOCUMENTS AND POWERS
51
Preliminary advice by Registrar as to distinctiveness, deceptiveness, etc.
(1) It shall be a function of the Registrar to give to a person who proposes to apply for
the registration of a trade mark in Part A or Part B of the Register advice as to
whether the trade mark appears to the Registrar prima facie—
(a)
to be inherently apt to distinguish or capable of distinguishing, as the
case may be, for the purposes of section twelve or thirteen, as the case may be; or
(b)
not to be prohibited from registration by virtue of subsection (1) of
section fourteen.
(2) Any person referred to in subsection (1) who is desirous of obtaining advice
mentioned in that subsection shall make application to the Registrar therefor in the