accordance with the laws applying to the application for registration of
that trade mark as at the date of that application.
(3)
(a)
the Registrar of Trade Marks shall carry out the functions and
duties of the registrars appointed under those Acts; and
(b)
any notices and other communications required to be inserted
or published in a patent journal or other official publications
may be inserted or published in the South African Patent
Journal.
(4)
A trade mark registered under the South African Act shall not apply to
the geographical area of Bophuthatswana, Transkei or Venda for so
long as and to the extent that a valid registered trade mark right for the
same trade mark continues to subsist in any such geographical area,
but shall extend to each such geographical area if and when such
valid right no longer subsists.
(5)
(a)
A proprietor of a trade mark registered in Bophuthatswana,
Transkei or Venda, respectively, may, within one year after the
coming into force of this Act, notify the Registrar of Trade
Marks in writing that he or she wishes his or her trade mark to
extend to the whole of the national territory of the Republic,
subject to paragraph (b).
(b)
Once such a notification has been made such a trade mark
shall continue to apply only to the geographical areas of
Bophuthatswana, Transkei or Venda, as the case may be, for
as long as and to the extent that a valid registered trade mark
right for the same trade mark subsists in terms of the South
African Act, but, subject to paragraph (a), such trade mark right
shall extend to the whole of the national territory if and when
such right in terms of the South African Act does not exist.
(6)
12.
Subject to subsection (5), the repeal of laws by section 16 does not
affect any applications or proceedings commenced under the
Bophuthatswana Act, the Transkei Act or the Venda Act and any such
applications or proceedings shall be continued with and concluded in
every respect as if those laws had not been repealed, provided that-
Any lawful use by any person of a trade mark commenced prior to 27
April 1994 in the geographical area of Bophuthatswana, Transkei or
Venda shall not become unlawful merely by virtue of this Act having
been passed, provided that the use is not extended outside the
geographical area concerned.
Trade mark registers and records
The Registers of Trade Marks and records shall be transferred to and kept in
the office of the Registrar of Trade Marks.
13
Identification of trade marks