WIPO Database of Intellectual Property Legislative Texts SOUTH AFRICA proprietor thereof, of that person: Provided that a mark may not be so registered in the name of a person who carries on a trade in the goods or services in respect of which registration is sought. (2) Subject to the provisions of this section, the provisions of this Act shall, except in so far as is otherwise provided, and in so far as they can be applied, apply to a certification trade mark. 43. Collective trade marks (1) A mark capable of distinguishing, in the course of trade, goods or services of persons who are members of any association from goods or services of persons who are not members thereof, shall, on application in the manner prescribed and subject to the provisions of this section, be registrable as a collective trademark in respect of such first–mentioned goods or services in the name of such association as the proprietor thereof. (2) Geographical names or other indications of geographical origin may be registered as collective trade marks. (3) Subject to the provisions of this section, the provisions of this Act shall, except in so far as is otherwise provided, and in so far as they can be applied, apply to a collective trade mark. Part XIII Powers and Duties of Registrar 44. Venue of proceedings Any proceedings before the registrar under this Act shall be heard and disposed of by him at the trade marks office: Provided that if it be made to appear to him by any party that the proceedings may more conveniently or fitly be heard and disposed of in another place, he may hear and dispose of the proceedings in such other place. 45. General powers of registrar (1) The registrar shall, in connection with any proceedings before him, have all such powers and jurisdiction as are possessed by a single judge in a civil action before the Transvaal Provincial Division of the Supreme Court. (2) Where no provision is contained in this Act on any matter of procedure, the registrar shall apply the rules governing procedure in the Transvaal Provincial Division of the Supreme Court. (3) Whenever by this Act any time is specified within which any act is to be performed or thing is to be done by any person, the registrar may, on application by that person and unless otherwise expressly provided, extend the time either before or after its expiration. (4) Where any party to any proceedings before the registrar neither resides nor carries on business in the Republic, the registrar may order him to give security for the costs of the proceedings and, in default of such security being given, may dismiss the application or opposition, as the case may be. 46. Power of registrar to allow amendment of document (1) The registrar may at any time before the registration of a trade mark permit the amendment of any document relating to any application or proceedings before him on such terms as to costs or otherwise as he may think just. (2) If rights in a trade mark which is the subject of a pending application, have been acquired by a body corporate subsequent to the date of application, the registrar may, on good cause shown, permit amendment of the application by the substitution of the name of the body corporate as applicant for registration, notwithstanding that such body corporate was not in existence as at the date of the application. 47. Duty of registrar in exercising discretionary power to give opportunity to applicant of being heard Whenever any discretionary power is by this Act given to the registrar, he shall not exercise that power adversely to any person without giving that person an opportunity of being heard personally or by his agent. ZA009EN Marks, Act, 22/12/1993, No. 194 page 16 / 23