98
Act No. 1, 2012
Government Gazette 23 March 2012
No. 4907
INDUSTRIAL PROPERTY ACT, 2012
PART 10
CERTIFICATION AND COLLECTIVE MARKS
Applicability of other provisions
187. (1)
Subject to subsection (2) and (3) and sections 188, 189 and 190,
the provisions of this Chapter do, insofar as they can be applied, apply to certification
and collective trade marks, save that references in the said provisions to a trade mark
must be read as being references to a certification or a collective trade mark, as the case
may be.
(2)
Geographical names or other indications of geographical origin may be
registered as certification or collective trade marks.
(3)
In applying the provisions of this Chapter in respect of the use of
a certification or collective mark, the rules governing the use of a certification or
collective mark as referred to in section 188 must be taken into account.
Application for registration of certification or collective mark
188.
(1)
An application for the registration of a certification trade mark
must designate the mark as a certification mark and must be accompanied by a statement
by the applicant containing the information as prescribed, and by a copy of the rules
governing the use of certification mark.
(2)
An application for the registration of a collective trade mark must
designate the mark as a collective mark and must be accompanied by a copy of the
rules governing the use of the collective trade mark and containing the information as
prescribed.
(3)
For the purposes of subsections (1) and (2), “rules” means the rules
made by the person under whose control the certification or collective mark may be
used.
(4)
The registered owner of a certification mark or a collective mark must
notify the Registrar, in writing and in the manner prescribed, of any changes made in
respect of the rules referred to in subsection (3).
Examination of application for registration
189.
If the Registrar is satisfied that the requirements of section 188 have
been met, he or she must accept the application as provided for in section 146 and deal
further with the application as contemplated in that section.
Invalidation of registration of certification or collective mark
190.
(1)
In addition to the grounds referred to in sections 176, 177
and 179, the Registrar may invalidate the registration of a certification trade mark or
a collective trade mark if the person requesting the invalidation proves that the trade
mark is used in a manner contrary to the rules referred to in section 188, or that its use