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Legislative Texts
SOUTH AFRICA
(b) References in this Act to the use of a mark in relation to services shall be construed as
references to the use thereof in any relation to the performance of such services.
(4) The use or proposed use of a registered trade mark shall include the use or proposed use of the
trade mark in accordance with the provisions of section 38, whether for the purposes of this Act or at
common law.
3. Application of Act to trade marks registered under repealed Act
(1) Subject to the provisions of section 70, this Act shall apply to all trade marks registered or deemed
to be registered under the repealed Act, whether in Part A or Part B of the register kept under that Act.
(2) All applications and proceedings commenced under the repealed Act shall be dealt with in
accordance with the provisions of that Act as if it had not been repealed.
4. Act binds State
This Act shall bind the State.
Part II
Administration
5. Continuation of trade marks office
The trade marks office established by section 5 of the repealed Act shall continue to exist.
6. Registrar of trade marks
(1) There shall be an officer for the Republic styled the registrar of trade marks, who shall be
appointed subject to the laws governing the public service and who shall, subject to the directions of the
Minister, have the chief control of the trade marks office.
(2) There may similarly be appointed one or more deputy registrars of trade marks and one or more
assistant registrars, who shall, subject to the control of the registrar, have all the powers conferred by this Act
on the registrar, and the senior of whom shall, whenever the registrar is for any reason unable to fulfil his
duties, act temporarily in his stead.
(3) The Minister may appoint, wherever he may deem it necessary, a judge as defined in section 1(1)
of the Judges’ Remuneration and Conditions of Employment Act, 1989 (Act No. 88 of 1989), or a judge who
has been discharged from active service in terms of section 3 of the said Act, or an advocate or an attorney of
the Supreme Court of South Africa, to exercise any power or to perform any duty conferred or imposed upon
the registrar in terms of this Act, and for the purposes of this Act the exercise of such power or the
performance of such duty shall be deemed to have been done by the registrar.
(4) The registrar of trade marks and a deputy or an assistant registrar of trade marks appointed under
section 6 of the repealed Act shall be deemed to have been appointed under this section.
7. Seal of trade marks office
There shall be a seal of the trade marks office, and the impression of the seal shall be judicially
noticed.
8. Unauthorized persons not to act in trade mark matters
(1) The registrar shall permit an agent to perform on behalf of the person for whom he is agent, any act
in connection with registration under this Act or any proceedings relating thereto, and shall not permit a
person other than an agent so to act.
(2) There shall be kept at the trade marks office a register in which shall be entered the full names and
addresses of all persons whose names and addresses were entered in the register referred to in section 8(2) of
the repealed Act.
ZA009EN
Marks, Act, 22/12/1993, No. 194
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