WIPO Database of Intellectual Property Legislative Texts SOUTH AFRICA 13. Registration in case of use of mark only in respect of certain goods and services included in specification Where, in the opinion of the registrar, a trade mark will, in use, be likely to deceive or confuse in relation to some of, but not all, the goods or services included in the specification, the registrar may, notwithstanding the provisions of section 27, upon receipt of an undertaking by the proprietor of the trade mark that he will limit the use of the trade mark to goods or services in relation to which such use will, in the opinion of the registrar, not be likely to deceive or confuse, register the trade mark in respect of all the goods or services included in the specification. 14. Honest concurrent use (1) In the case of honest concurrent use or of other special circumstances which may make it proper to do so, the registrar may, on application in the prescribed manner, register, subject to such conditions and limitations, if any, as he may think fit to impose, a trade mark the registration of which would otherwise offend against the provisions of paragraph (6), (14), (15) or (17) of section 10. (2) In the case of a trade mark which is sought to be removed from the register on the ground that it offends against the provisions of paragraph (6), (14), (15) or (17) of section 10, the court or the registrar, as the case may be, may, in the case of honest concurrent use or of other special circumstances which make it proper to do so, refuse to remove the trade mark from the register. 15. Registration subject to disclaimer If a trade mark contains matter which is not capable of distinguishing within the meaning of section 9, the registrar or the court, in deciding whether the trade mark shall be entered in or shall remain on the register, may require, as a condition of its being entered in or remaining on the register – (a) that the proprietor shall disclaim any right to the exclusive use of all or any portion of any such matter to the exclusive use of which the registrar or the court holds him not to be entitled; or (b) that the proprietor shall make such other disclaimer or memorandum as the registrar or the court may consider necessary for the purpose of defining his rights under the registration: Provided that no disclaimer or memorandum on the register shall affect any rights of the proprietor of a trade mark except such as arise out of the registration of the trade mark in respect of which the disclaimer is made. Part IV Application for Registration 16. Application for registration (1) An application for registration of a trade mark shall be made to the registrar in the prescribed manner. (2) Subject to the provisions of this Act, the registrar shall – (a) accept; (b) accept, subject to such amendments, modifications, conditions or limitations, as he may deem fit; (c) provisionally refuse; or (d) refuse, the application. (3) The registrar shall advise an applicant for registration in writing within a reasonable period from the date of the application of his decision in terms of subsection (2). (4) In the case of an acceptance in terms of subsection (2)(b) or a refusal in terms of subsection (2)(d), the registrar shall, on application by the applicant in the prescribed manner, state in writing the grounds for his decision. (5) The registrar or the court, as the case may be, may at any time, whether before or after acceptance of the application, correct any error in or in connection with the application, or may permit the applicant to amend his application upon such conditions as the registrar or the court, as the case may be, may think fit. ZA009EN Marks, Act, 22/12/1993, No. 194 page 6 / 23