WIPO Database of Intellectual Property Legislative Texts SOUTH AFRICA (6) Where it is proposed that a person shall be registered as a registered user of a trade mark, the proprietor shall apply in writing to the registrar in the prescribed manner giving particulars of – (a) the name and address of the proposed registered user; (b) the relationship, existing or proposed, between the proprietor and the proposed registered user; and (c) the goods or services in respect of which the person is to be registered as a registered user of the trade mark. (7) When the requirements of subsection (6) have been complied with, the registrar shall register the proposed registered user as a registered user in respect of the relevant goods or services. (8) Without derogating from the provisions of section 24, the registration of a person as a registered user – (a) may be cancelled or varied by the registrar on application in writing in the prescribed manner by the registered proprietor or by such registered user or by any other registered user of the trade mark; (b) shall be cancelled by the registrar where the trade mark in respect of which such person has been registered has been assigned and application has in terms of section 40 been made for registration of the assignment, unless the subsequent proprietor registered in terms of the said section requests the registrar in the prescribed manner not to cancel any such registration and furnishes the registrar with the particulars referred to in paragraph (b) of subsection (6). (9) The registrar may at any time cancel the registration of a person as a registered user of a trade mark, in respect of any goods or services in respect of which the trade mark is no longer registered. (10) The provisions of this section shall also apply to all trade marks registered under the repealed Act. Part XI Assignment and Hypothecation 39. Powers of, and restrictions on, assignment and transmission (1) Subject to any rights appearing from the register, a registered trade mark is assignable and transmissible, either in connection with or without the goodwill of the business concerned in the goods or services in respect of which it has been registered. (2) A registered trade mark is assignable and transmissible in respect of all or some of the goods or services in respect of which it is registered. (3) The assignment or transmission of a registered trade mark shall be subject to any deed of security hypothecating it. (4) Notwithstanding anything to the contrary contained in subsections (1), (2) and (3), a registered trade mark is not assignable or transmissible if, as aresult of the assignment or transmission and the use of the trade mark by different persons in the Republic or elsewhere, circumstances exist or would exist which give rise or would give rise to the likelihood of deception or confusion. (5) Notwithstanding anything to the contrary contained in subsections (1) and (2) and subject to the provisions of subsection (4), where a trade mark which is the subject of a pending application for registration has subsequent to the date of the application been assigned or transmitted, the registrar may, on application in the prescribed manner, and subject to such conditions as he may deem necessary, allow the person entitled to such trade mark by reason of such assignment or transmission, to be substituted as applicant for registration for the trade mark. (6) (a) The proprietor of a registered trade mark or the applicant for the registration of a trade mark who intends to assign it, may apply to the registrar in the prescribed manner, setting out the circumstances of the proposed assignment, for a certificate stating whether the proposed assignment of the trademark would or would not be invalid under subsection (4). ZA009EN Marks, Act, 22/12/1993, No. 194 page 14 / 23