Before the Minister issues any notice under section ten, eleven, twelve or
fifteen he shall, by direct communication with the persons who he has reason
to believe are interested in the matter, or by notice in the Gazette, invite
persons interested in the matter to submit representations on the matter
within a period stated, and shall take into consideration all representations so
submitted.
14.
Unauthorized use of certain emblems
(1)
For purposes of this section a person uses a mark or trade mark if he
or she uses it(a)
in connection with his or her trade, business, profession or
occupation; or
(b)
in connection with a mark, trade mark or trade description
applied by him or her to goods made, produced or sold by him
or her.
[Sub-s. (1) substituted by s. 6 of Act 50 of 2001.]
(1A)
(a)
No person may use a mark or trade mark which consists of or
contains the national flag of a convention country, or an
imitation from a heraldic point of view, without authorization of
the competent authority of the convention country or without
being in possession of an authorization in writing signed by or
on behalf of the Minister.
(b)
Paragraph (a) does not apply if no authorization for the use of
a mark or trade mark contemplated in that paragraph is
required by the convention country.
[Sub-s. (1A) inserted by s. 6 of Act 50 of 2001.]
(1B)
No person may use a mark or trade mark which consists of or
contains the armorial bearings or any other state emblem, of the
Republic or a convention country, or an imitation from a heraldic point
of view, without authorization of the competent authority of the
Republic or convention country, as the case may be.
[Sub-s. (1B) inserted by s. 6 of Act 50 of 2001.]
(1C)
No person may use a mark or trade mark which consists of or
contains an official sign or hallmark adopted by the Republic or a
convention country, or an imitation from a heraldic point of view, and
which indicates control and warranty in relation to goods or services of
the same or similar kind as those in relation to which such official sign
or hallmark indicates control and warranty, without authorization of the
competent authority of the Republic or convention country, as the
case may be.
[Sub-s. (1C) inserted by s. 6 of Act 50 of 2001.]
(1D)
(a)
No person may use a mark or trade mark which consists of or
contains the flag, armorial bearings or any other emblem, or an
imitation from a heraldic point of view, or the name, or
abbreviation of the name, of any international organization of
which any convention country is a member, without
authorization by such organization.