IPIN/l/SWZ/T/l
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(b) trade marks which consist solely of the shape, configuration or colour of the
goods or the containers thereof;
(c) trade marks which are identical with, or imitate the armorial bearings) flags
and other emblems, initials, names or abbreviations or initials of the name, or
official sign or hallmark of any State or of any intergovernmental international
organization or of any organization created by an international convention,
unless authorized by the competent authority of that State or international
organization;
(d) trade marks which constitute reproductions, in whole or in part, imitations
translations or transcriptions, liable to create confusion, of trade marks or
business or company names which are well known in Swaziland and belong to
third parties.
PART V
APPLICATION PRO'CEDURE, EX..;\MIN_-\TION) OPPOSITION AND
REGISTRATION
Application for registration of trade mark.
21. (1) Any person who or whose proposed registered user uses or proposes to use a trade
mark may apply for the registration of the trade mark.
(2)' The application shall be made in writing to the Registrar as prescribed and shall
include>
(a) the name and address of the applicant;
(b) the trade or business description of the applicant;
(c) a reproduction of the trade mark;
(d) the particular goods or services in respect of which registration of the trade
mark is applied for, listed under the applicable classes of the International
Classification;
(e) an address for service within Swaziland, accompanied by a power of attorney in
favour of a trade mark agent resident andlractising in Swaziland;
(f) a declaration that the applicant or his proposed registered user is using or
. proposes to use the trade mark in Swaziland.
Priority under the Convention.
22. (1) Any person who has applied for protection for any trade mark in a country to
which the Convention applies or his legal representative or assignee (if such assignee is also so
qualified), shall be entitled to claim the benefit of that earlier application and its registration
date in Swaziland s-hall be deemed to be the same date as the date of the application in that
other country, provided that the appJication for registration is made within six months from
the date of the earlier application.
(2) Where applications have been made for the registr-ation of a trade mark in two or
more countries to which the Convention applies the period of six months referred to in sub
section (1) shall be reckoned from the date on which the earlier or earliest of those applicati
ons was made.
(3) The application for the registration of a trade mark under this section shall be
made in the same manner as is required in the case of an application under this Act subject to
such other requirements as may be prescribed.