(b) of subsection (5) of section eighteen, that registration of a geographical indication
is to be permitted, and no appeal has been lodged against that decision; or
(c)
the Tribunal, on an appeal against a decision of the Registrar in terms
of section eighteen, directs that a geographical indication should be registered;
the Registrar shall, subject to this section, register the geographical indication
concerned.
(2) When registering a geographical indication, the Registrar may impose such
conditions on its registration as, in his opinion, are necessary to protect the rights of
the proprietor of any trade mark that was registered or used in good faith—
(a)
before the date of the publication of this Act; or
in the case of a foreign geographical indication, before it was
(b)
protected in the foreign country concerned.
(3) When registering as a geographical indication a name or word which, when
written or uttered, has two or more meanings, the Registrar shall impose such
conditions on its registration as, in his opinion, are necessary to ensure—
(a)
that the various meanings are differentiated from each other; and
(b)
that the public is not misled; and
(c)
where two or more of the meanings refer to different geographical
areas, that all producers concerned are treated equitably.
(4) The Registrar shall cause notification of the registration of a geographical
indication to be published in the Journal.
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Effective date of registration
(1) Subject to subsection (2), the effective date of registration of a geographical
indication shall be the date on which the application for its registration was lodged
with the Trade Marks Office in terms of section seventeen.
(2) If an application for the registration of a geographical indication, when initially
lodged at the Trade Marks Office, does not contain sufficient particulars to identify
the applicant and that defect is corrected within the two-month period specified in
subsection (3) of section seventeen, the effective date of registration of the
geographical indication shall be the date on which the corrections were lodged with
the Trade Marks Office.
PART V
CORRECTION AND RECTIFICATION OF REGISTER AND CANCELLATION
OF REGISTRATION
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Power of Registrar to authorise corrections
(1) The Registrar may authorise the correction of any clerical or similar error in the
Register.
(2) The Registrar may authorise a correction in terms of subsection (1) either on his
own initiative or upon a written request made by any interested person and
accompanied by the prescribed fee.
(3) Where it is proposed to make a correction otherwise than upon the request of the
person on whose application the geographical indication concerned was registered,
the Registrar shall give notice of the proposal to that person and to any other person
who appears to him to be concerned, and shall give every such person an opportunity
to be heard before the correction is made.
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Rectification of Register
(1) On the application of any aggrieved person, the Tribunal may order the Register
to be rectified by the making or alteration of any entry in it or the deletion of any
entry from it.
(2) The Tribunal may determine any question which it may be necessary or expedient
to determine in connection with the rectification of the Register.
(3) Notice of any application to the Tribunal in terms of subsection (1) shall be given
in the prescribed manner to the Registrar and to any other person appearing from the
Register to be interested in the geographical indication concerned, and the Registrar
and any such person shall be entitled to appear and be heard in the application.