92
Government Gazette 23 March 2012
Act No. 1, 2012
No. 4907
INDUSTRIAL PROPERTY ACT, 2012
(4)
Despite any agreement to the contrary subsisting between the parties,
a registered user of a registered trade mark is entitled to request the owner of the trade
mark to institute infringement proceedings, and, if the owner refuses or neglects to
do so within two months after being so requested, the registered user may institute
proceedings, as contemplated in section 152, in his or her own name as if he or she were
the owner, citing the owner as a co-defendant, but an owner so cited is not liable for any
costs unless he or she enters an appearance and takes part in the proceedings.
(5)
In all proceedings relating to a registered trade mark, the registration of
a person as a registered user must be considered as prima facie evidence that the use of
the registered trade mark by him or her is permitted use as contemplated by subsection
(1).
Registration of registered user
171. (1)
Where it is proposed that a person be registered as a registered
user of a trade mark, the owner of the trade mark or the proposed registered user must
apply in writing to the Registrar in the prescribed manner giving particulars of
(a)
the name and address of the proposed registered user;
(b)
the relationship, existing or proposed, between the owner and the
proposed registered user; and
(c)
the goods or services in respect of which the person is to be registered
as a registered user of the trade mark.
(2)
Where the requirements of subsection (1) have been complied with, the
Registrar must register the proposed registered user as a registered user in respect of the
relevant goods or services.
Guarantee of control
172.
The provisions of sections 165(3) and 166 apply to a registered user as
if the registered user is a licensee.
Variation and cancellation
173. (1)
Without derogating from the provisions of section 171, the
registration of a person as a registered user –
(a)
may be cancelled or varied by the Registrar on application in writing
in the prescribed manner by the registered owner or by such registered
user or by any other registered user of the trade mark;
(b)
must be cancelled by the Registrar where the trade mark in respect
of which such person has been registered has been assigned and
application has in terms of section 161 been made for recordal of the
assignment, unless the subsequent owner registered in terms of the said
section requests the Registrar in the prescribed manner not to cancel