WIPO Database of Intellectual Property Legislative Texts SOUTH AFRICA Part VII Registration and its Effects 29. Registration (1) When an application for registration of a trade mark has been accepted and advertised in the prescribed manner and either – (a) the application has not been opposed and the time for notice of opposition has expired; or (b) the application has been opposed and has been granted, the registrar shall register the trade mark as on the date of the lodging of the application for registration, and that date shall, subject to the provisions of section 63, for the purposes of this Act be deemed to be the date of registration: Provided that where it appears to the registrar, having regard to matters which came to his notice after acceptance of an application, that the trade mark has been accepted in error, he may withdraw the acceptance and proceed as if the application had not been accepted. (2) On the registration of a trade mark, the registrar shall issue to the applicant a certificate in the prescribed form of the registration thereof sealed with the seal of the trade marks office. 30. Certain trade marks to be associated so as to be assignable and transmissible as a whole only (1) Where a trade mark that is registered or is the subject of an application for registration so resembles another trade mark that is registered or is the subject of an application for registration in the name of the same proprietor that the use of both such trade marks by different persons in relation to goods or services in respect of which they are respectively registered or proposed to be registered would be likely to deceive or cause confusion, the registrar may at any time require that the trade marks be entered in the register as associated trade marks. (2) Where a trade mark and any part or parts thereof are, by virtue of subsection (1) of section 18, registered as separate trade marks in the name of the same proprietor, they shall be deemed to be, and shall be registered as, associated trade marks. (3) Any association of a trade mark with any other trade mark registered in the name of the same proprietor shall be deemed to be an associate with all trade marks associated with that other trade mark. (4) Trade marks that are registered as, or that are deemed by virtue of this Act to be, associated trade marks shall only be assignable or transmissible together and not separately, but they shall for all other purposes be deemed to have been registered as separate marks. (5) On application made in the prescribed manner by the registered proprietor of two or more trade marks registered as associated trade marks, the registrar may dissolve the association as regards any of them if he is satisfied that there would be no likelihood of deception or confusion being caused if that trade mark were used by another person in relation to any of the goods or services in respect of which it is registered, and may amend the register accordingly. 31. Use of one associated or substantially identical trade mark equivalent to use of another (1) When under the provisions of this Act use of a registered trade mark is required to be proved for any purpose, the registrar or the court, as the case may be, may, if and so far as he or it deems fit, accept proof of the use of an associated registered trade mark or of the trade mark with additions or alterations not substantially affecting its identity, as equivalent to proof of the use required to be proved. (2) The use of the whole of a registered trade mark shall for the purposes of this Act be deemed to be the use also of any registered trade mark being a part thereof and registered in the name of the same proprietor by virtue of subsection (1) of section 18. 32. Limitation of trade mark as to particular colours (1) A trade mark may be limited in whole or in part to a particular colour or colours, and in case of any application for the registration of a trade mark the fact that the trade mark is so limited shall be taken into consideration in deciding whether it is capable of distinguishing. ZA009EN Marks, Act, 22/12/1993, No. 194 page 10 / 23