MERCHANDISE MARKS ACT 17 OF 1941
[ASSENTED TO 7 APRIL 1941]
[DATE OF COMMENCEMENT: 18 OCTOBER 1941]
(Signed by the Governor-General in English)
as amended by
Merchandise Marks Amendment Act 3 of 1946
Merchandise Marks Amendment Act 26 of 1951
Merchandise Marks Amendment Act 39 of 1952
Merchandise Marks Amendment Act 47 of 1954
Merchandise Marks Amendment Act 55 of 1967
Merchandise Marks Amendment Act 54 of 1987
General Law Amendment Act 49 of 1996
Intellectual Property Laws Amendment Act 38 of 1997
Merchandise Marks Amendment Act 50 of 2001
Merchandise Marks Amendment Act 61 of 2002
NOTE: Sections 8 and 9 of this Act were suspended until further notice by
Government Notice 1682 of 9 August 1946.
ACT
To make provision concerning the marking of merchandise and of coverings in or
with which merchandise is sold and the use of certain words and emblems in
connection with business.
1.

Definitions
In this Act, unless the context indicates otherwise'apply to' means emboss, impress, engrave, etch or print upon or weave into
or otherwise(a)

work into or onto;

(b)

annex or affix to; or

(c)

incorporate in;
[Definition of 'apply to' substituted by s. 1 (a) of Act 38 of 1997.]

'bottle' ......
[Definition of 'bottle' deleted by s. 1 (b) of Act 38 of 1997.]

'convention country' means any country or group of countries declared a
convention country or convention countries in terms of section 63 of the Trade
Marks Act, 1993 (Act 194 of 1993);
[Definition of 'convention country' inserted by s. 1 (a) of Act 50 of
2001.]

'covering' includes any stopper, cask, bottle, vessel, box, cover, capsule,
case, frame, wrapper or container;

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