(b)
Paragraph (a) does not apply if the use of the mark or trade
mark contemplated in that paragraph does not suggest to the
public that a connection exists between the organization and
the mark or its proprietor, or is not likely to mislead the public
as to the existence of a connection between the organization
and the mark or its proprietor.
[Sub-s. (1D) inserted by s. 6 of Act 50 of 2001.]
(1E)
Any person who contravenes or fails to comply with any provision of
subsection (1A), (1B), (1C) or (ID) shall be guilty of an offence.
[Sub-s. (1E) inserted by s. 6 of Act 50 of 2001.]
(1F)
This section does not apply to a trade mark registered before 1
February 1941.
[Sub-s. (1F) inserted by s. 6 of Act 50 of 2001.]
(1G)
Subsections (1B), (1C) and (1D) apply to a state emblem, official sign
or hallmark of a convention country, and the emblem or name, or
abbreviation of the name, of an international organization only and to
the extent that(a)
the convention country or international organization has
notified the Republic in accordance with Article 6ter of the
Paris Convention that it desires to protect that emblem, sign,
hallmark, name or abbreviation, as the case may be;
(b)
the notification contemplated in paragraph (a) is in force; and
(c)
the Republic has not objected to the notification contemplated
in paragraph (a) in accordance with Article 6ter of the Paris
Convention.
[Sub-s. (1G) inserted by s. 6 of Act 50 of 2001.]
(1H)
Subsection (1B) or (1C) shall not prevent the use of a trade mark by
any citizen of a country who is authorized to make use of a state
emblem, official sign or hallmark of that country, notwithstanding the
fact that it is similar to that of another country.
[Sub-s. (1H) inserted by s. 6 of Act 50 of 2001.]
(2)
Any person who uses in connection with his or her trade, business,
profession or occupation any device, emblem, title or words in such a
manner as to be likely to lead other persons to believe that(a)
his or her trade, business, profession or occupation is carried
on under the patronage of; or
(b)
he or she is employed by or supplies goods to,
the President, any State department or a provincial government, without
authority in writing signed by or on behalf of the President, the Minister
administering that department or the Premier of the province concerned, as
the case may be, shall be guilty of an offence.