WIPO Database of Intellectual Property Legislative Texts SOUTH AFRICA 17. Advertisement of accepted application When an application for registration of a trade mark has been accepted, the applicant shall, as soon as may be after acceptance, cause the application as accepted to be advertised in the prescribed manner. 18. Registration of parts of trade marks (1) Where the proprietor of a trade mark claims to be entitled to the exclusive use of any part thereof separately, he may apply to register the whole and any such part as separate trade marks. (2) Each such separate trade mark must satisfy all the requirements for registration of a trade mark under this Act and shall for all purposes be a registered trade mark. 19. Proposed use of trade mark by body corporate to be established (1) No application for the registration of a trade mark in respect of any goods or services shall be refused, nor shall acceptance thereof be withheld, on the ground only that the applicant does not use or propose to use the trade mark, if the registrar is satisfied that a body corporate is about to be established and that the applicant intends to assign the trade mark to the body corporate with a view to the use thereof in relation to those goods or services by the body corporate: Provided that the trade mark shall only be registered once the registrar has been placed in a position to register the assignment in terms of section 40 simultaneously with the registration of the trade mark. (2) For the purposes of subsection (1)(a) of section 27 the intention referred to in that subsection shall, in relation to a trade mark registered by virtue of subsection (1) of this section, be an intention on the part of the applicant that the trade mark be used by the body corporate concerned. 20. Non–completed applications (1) If, by reason of default on the part of the applicant, after acceptance of the application, the registration of a trade mark has not been completed within six months from the date of such acceptance, the registrar shall give notice of the non–completion to the applicant, and, if at the expiration of two months from that notice or of such further time as the registrar may allow, the registration is not completed, the application shall be deemed to have been abandoned. (2) If the application is refused or is conditionally accepted and the applicant, having been advised of the registrar’s objection to the application, or of his conditions for acceptance, fails to take such steps as are available to him under this Act within three months of the date of such advice, or such further time as the registrar may allow, the application shall be deemed to have been abandoned. Part V Opposition 21. Opposition to registration Any interested person may, within three months from the date of the advertisement of an application in terms of section 17 or within such further time as the registrar may allow, oppose the application in the manner prescribed. Part VI Register of Trade Marks 22. Register (1) There shall be kept at the trade marks office a register of trade marks, in a form decided by the registrar, in which shall be entered the prescribed particulars. (2) The register kept under the repealed Act and existing at the commencement of this Act shall be incorporated with and form part of the register kept under this Act. (3) The register shall comprise all trade marks which are registered or are deemed to be registered under this Act. ZA009EN Marks, Act, 22/12/1993, No. 194 page 7 / 23