88 Government Gazette 23 March 2012 Act No. 1, 2012 No. 4907 INDUSTRIAL PROPERTY ACT, 2012 (6) 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 Tribunal, as the case may be, may, if and so far as he, she 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. (7) The use of the whole of a registered trade mark must 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 section 149(1). Joint ownership of trade mark applications 163. (1) Where two or more persons have jointly filed an application for a trade mark registration, the joint applicants have, in the absence of an agreement to the contrary, equal undivided shares in the application, and none of them may without the consent of the other joint applicant or applicants deal in any way with the application, but if any proceedings are required to save the application from becoming abandoned, any applicant may institute such proceedings on behalf of himself or herself and any other joint applicant. (2) If any dispute arises between joint applicants as to their respective rights in and to an application for a trade mark registration or as to the manner in which the application is to be proceeded with or the manner in which they may deal with the application or use the trade mark, any such joint applicant may apply to the Tribunal to decide the matter in dispute. (3) Unless the Tribunal otherwise directs, the person who makes an application in terms of subsection (2) is liable for all costs and expenses incurred in respect of proceedings in terms of that subsection. (4) If the Tribunal is satisfied that a joint applicant, is unable or unwilling to proceed as joint applicant, the Tribunal may order that such joint applicant assign his or her rights to any joint applicant able and willing so to proceed, provided that where it appears to the Tribunal to be just and equitable, the Tribunal may order the payment of compensation to the assignor. (5) In any proceedings in terms of subsection (2) the Tribunal must, unless it appears that there are good reasons to the contrary, resolve the dispute in a manner which will lead to the preservation of the application and the grant of the registration. Joint ownership of trade mark registrations 164. (1) Where a trade mark is registered in the name of two or more persons jointly, each of the joint patent owners is, in the absence of an agreement to the contrary, entitled to an equal undivided share in the registration. (2) Subject to the provisions of subsection (4), a joint trade mark registration owner is, in the absence of an agreement to the contrary and in the absence of consent of the other joint patent owner or owners, not entitled (a) to use the trade mark in the course of trade;