[S. 14 amended by s. 2 of Act 39 of 1952 and by s. 1 of Act 55 of 1967,
substituted by s. 2 of Act 54 of 1987, amended by s. 1 of Act 49 of 1996 and
substituted by s. 10 of Act 38 of 1997.]
15.
Use of certain marks may be prohibited
(1)
The Minister may, after such investigation as he or she may think fit,
by notice in the Gazette, prohibit either absolutely or conditionally the
use of(a)
the National Flag, or any former National Flag, of the Republic;
or
(b)
any mark, word, letter or figure or any arrangement or
combination thereof,
in connection with any trade, business, profession, occupation or
event, or in connection with a trade mark, mark or trade description
applied to goods.
[Sub-s. (1) substituted by s. 11 of Act 38 of 1997.]
15A.
(2)
The Minister may, if he is satisfied that the circumstances require it, by
notice in the Gazette, withdraw, amend or qualify any notice issued in
terms of subsection (1).
(3)
Any person who contravenes any such absolute prohibition or fails to
comply with any condition prescribed in any such notice shall be guilty
of an offence.
Abuse of trade mark in relation to event
(1)
(a)
(b)
The Minister may, after investigation and proper consultation
and subject to such conditions as may be appropriate in the
circumstances, by notice in the Gazette designate an event as
a protected event and in that notice stipulate the date(i)
with effect from which the protection commences; and
(ii)
on which the protection ends, which date may not be
later than one month after the completion or termination
of the event.
The Minister may not designate an event as a protected event
unless the staging of the event is in the public interest and the
Minister is satisfied that the organisers have created sufficient
opportunities for small businesses and in particular those of
the previously disadvantaged communities.
(2)
For the period during which an event is protected, no person may use
a trade mark in relation to such event in a manner which is calculated
to achieve publicity for that trade mark and thereby to derive special
promotional benefit from the event, without the prior authority of the
organiser of such event.
(3)
For the purposes of subsection (2), the use of a trade mark includes-