WIPO Database of Intellectual Property Legislative Texts SOUTH AFRICA (c) The Minister may by notice in the Gazette declare the provisions of paragraph (a), or so many thereof as he may deem expedient in a particular case, applicable to a liquor product other than wine, or a particular class thereof. (4) (a) The Minister may by notice in the Gazette prohibit or reserve, under such circumstances and on such conditions as may be set out in the notice, the use of any word, expression or representation in connection with the sale of a particular liquor product, or a particular class thereof. (b) A notice published in terms of section 4 or 10 of the Wine, Other Fermented Beverages and Spirits Act, 1957 (Act No. 25 of 1957), and in force immediately prior to the date of commencement of this section, shall be deemed to be a notice referred to in paragraph (a). (5) Notwithstanding anything to the contrary contained in this section, the Minister may by regulation– (a) prescribe the words or expressions that are permissible additions to or transformations of specified class designations of particular liquor products; and (b) grant exemption, under such circumstances and subject to such conditions as may be prescribed, from a prohibition referred to in subsection (2) or (3). (6) The provisions of this section shall not be construed as restricting the use of – (a) a trade mark as defined in section 2 (1) of the Trade Marks Act, 1963 (Act No. 62 of 1963), which is used or is intended for use in connection with the sale of a liquor product; (b) the name of a company as defined in section 1 (1) of the Companies Act, 1973 (Act No. 61 of 1973); (c) the name of a co–operative society as defined in section 1 of the Wine and Spirit Control Act, 1970 (Act No. 47 of 1970); or (d) the name of a corporation as defined in section 1 of the Close Corporations Act, 1984 (Act No. 69 of 1984), that was registered, used or established on the date of commencement of this section, except if the word “estate”, “landgoed”, “vineyard” or “wingerd” is contained in, or forms part of, such trade mark or name. (7) The board and the administering officer shall for the purposes of any proceedings in terms of any applicable law, be deemed to be an interested party who may lawfully lodge an objection against the continued registration, or an application for the registration of, a trade mark or name referred to in subsection (6) in so far as such objection relates to any word, expression or other particulars referred to in subsection (2), (3) or (4). 12. Prohibition of false or misleading descriptions for liquor products.– (1) No person shall use any name, word, expression, reference, particulars or indication in any manner, either by itself or in coherence with any other verbal, written, printed, illustrated or visual material, in connection with the sale of a liquor product in a manner that conveys or creates or is likely to convey or create a false or misleading impression as to the nature, substance, quality, composition or other properties, or the class, cultivar, origin, age, identity, or manner or place of production, of the liquor product. (2) If – (a) the administering officer or the board, as the case may be, is of the opinion that a person has contravened the provisions of subsection (1); and (b) such person has declared himself prepared thereto in writing, the administering officer or the board, as the case may be, may refer the alleged contravention for investigation and decision to an appeal board referred to in section 22. 13. ...... [S. 13 repealed by s. 3 of Act No. 11 of 1993.] ZA011EN Marks (Liquors), Act (Consolidation), 17/05/1989 (1993), No. 60 (No. 11) page 11 / 25