(c)
the names, addresses and descriptions of all registered users; and
(d)
disclaimers, conditions, limitations and such other matters relating to
such trade marks or certification marks as may be prescribed.
(2) The Register shall be divided into four parts which shall be known as Part A, Part
B, Part C and Part D, respectively.
(3) All registers of trade marks established and kept under the repealed legislation
shall, under arrangements made by the Controller with the approval of the Minister,
be incorporated with and form part of the Register of Trade Marks established under
subsection (1) so, however, that such arrangements shall in no way be deemed to
extend the term and effect of any trade mark or certification mark registered in such
registers beyond the term and effect provided in respect of such mark by this Act, and
the trade marks or certification marks so registered shall be deemed to have been
registered in terms of this Act.
(4) The Register shall be prima facie evidence of any matter required or authorized by
or under this Act to be entered therein or which was required or authorized by or
under the repealed legislation to be entered in a register of trade marks referred to in
subsection (3).
PART III
EFFECT OF REGISTRATION AND ACTION FOR INFRINGEMENT
6
No action for infringement of unregistered trade mark
No person shall be entitled to institute any proceedings to prevent, or to recover
damages for, the infringement of an unregistered trade mark:
Provided that nothing in this Act shall affect the right of any person, at common law,
to bring an action against any other person for passing off goods or services as the
goods or services of another person.
7
Registration to be in respect of particular goods or services
(1) A trade mark shall be registered in respect of a particular class or particular
classes of goods or services or in respect of goods or services falling in such class or
classes in accordance with such classification as may be prescribed.
(2) Any question arising as to the class within which any goods or services fall shall
be determined by the Registrar whose decision shall be final.
8
Infringement of rights given by registration in Part A or Part B
(1) Subject to this section and sections ten and eleven, the rights acquired by
registration of a trade mark in Part A or Part B of the Register shall be infringed by—
(a)
unauthorized use as a trade mark in relation to goods or services in
respect of which the trade mark is registered, of a mark identical with it or so nearly
resembling it as to be likely to deceive or cause confusion; or
(b)
unauthorized use in the course of trade, otherwise than as a trade
mark, of a mark identical with it or so nearly resembling it as to be likely to deceive
or cause confusion if such use is—
in relation to or in connection with goods or services in respect of
(i)
which the trade mark is registered; and
(ii)
likely to cause injury or prejudice to the proprietor of the trade mark.
(2) In the case of a trade mark registered in Part B of the Register, no interdict or
other relief shall be granted in an action for infringement by virtue of paragraph (a) of
subsection (1) if the defendant establishes to the satisfaction of the court that the use
of which the plaintiff complains is not likely to be taken as indicating a connection in
the course of trade between the goods or services concerned and some person having
the right, either as proprietor or as registered user, to use the trade mark.
(3) The right to the use of a trade mark given by registration in Part A or Part B of the
Register shall be subject to any conditions or limitations entered on the Register and
shall not be deemed to be infringed by the use of that trade mark in any mode—
(a)
in relation to goods to be sold or otherwise traded in, or services to be
performed, in any place; or
(b)
in relation to goods to be exported to, or services to be performed for,