WIPO Database of Intellectual Property
Legislative Texts
SOUTH AFRICA
Part XVIII
Miscellaneous
64. Use of trade mark for export trade
The application of a trade mark in the Republic to goods to be exported from the Republic and any
other act performed in the Republic in relation to goods to be so exported which, if performed in relation to
goods to be sold or otherwise traded in within the Republic, would constitute use of a trade mark therein,
shall be deemed to constitute use of the trade mark in relation to those goods for any purpose for which such
use is material under this Act or at common law.
65. Payment of prescribed fee to be made before acts performed or documents issued
Whenever under this Act any prescribed fee is payable in respect of any application, registration,
matter or document, the registrar may refuse to perform the act or to receive or to issue the document, as the
case may be, until the fee payable in respect thereof is paid.
66. Address for service
(1) With every application or notice of opposition under this Act, the applicant or objector, as the case
may be, shall furnish a comprehensive address (not being a post box or private bag number) within the
Republic as an address for service, which shall, for all purposes of the application or the notice of opposition,
be deemed to be the address of the applicant or of the objector, as the case may be, and all documents in
relation to the application or notice of opposition may be served by leaving them at or sending them to the
address for service of the applicant or of the objector, as the case may be.
(2) The address for service furnished by an applicant in terms of this section shall be deemed to be the
domicilium citandi et executandi of such applicant for the purposes of proceedings relating to any entry made
in the register in pursuance of the application.
(3) Any address for service may be changed by notice to the registrar on the form prescribed.
67. Calculation of periods of time
(1) Any period of time specified by this Act as running from the performance of any act shall be
reckoned as commencing on the day next following the performance of that act.
(2) Whenever the last day on which, in terms of this Act, any act may or is required to be performed or
any document may or is required to be lodged, falls on a day on which the trade marks office is closed, that
act may be performed or that document may be lodged on the next following day on which the trade marks
office is open for the transaction of business.
68. Persons under disability
If any person is, by reason of minority, lunacy or other disability, incapable of making any declaration
or performing any act required or permitted by this Act, then the guardian, curator or other legal
representative (if any) of such person or, if there be none, any person appointed by the court upon application
on behalf of the person under disability or on behalf of any other person interested in the making of such
declaration or performing such act may make the declaration or a declaration as nearly corresponding thereto
as circumstances permit, and perform the act in the name and on behalf of the person under disability and all
acts performed by such substitute shall, for the purposes of this Act, be as effectual as if performed by the
person for whom he is substituted.
69. Fees, regulations, forms and classification of goods
(1) The Minister may prescribe a tariff of the fee which shall be payable to the registrar in respect of
any application, registration, matter or document, and the fee shall be payable as so prescribed.
(2) The Minister may also make regulations, not inconsistent with this Act, as to all matters, including
forms and a schedule of classification of goods or services, which by this Act are required or permitted to be
prescribed or which are necessary or convenient for giving effect to the provisions of this Act or for the
conduct of any business relating to the trade marks office established by this Act.
ZA009EN
Marks, Act, 22/12/1993, No. 194
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