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Legislative Texts
SOUTH AFRICA
Trade Marks Act
No 194 of 1993
[ASSENTED TO 22 DECEMBER, 1993]
[DATE OF COMMENCEMENT INLAY 1995]
(Afrikaans text signed by the State President)
ACT
To provide for the registration of trade marks, certification trade marks and collective trade
marks; and to provide for incidental matters.
Part I
Introduction
1. Division of Act into parts
This Act is divided into 18 parts, which relate to the following matters respectively:
Introduction (sections 1 to 4)
PART I
Administration (sections 5 to 8)
PART II
Registrable Trade Marks (sections 9 to 15)
PART III
Application for Registration (sections 16 to 20)
PART IV
Opposition (section 21)
PART V
Register of Trade Marks (sections 22 to 28)
PART VI
Registration and its Effects (sections 29 to 32)
PART VII
PART VIII Infringement (sections 33 to 36)
Duration and Renewal of Registration (section 37)
PART IX
Permitted Use and Registered Users (section 38)
PART X
Assignment and Hypothecation (sections 39 to 41)
PART XI
Certification Trade Marks and Collective Trade Marks (sections 42 and 43)
PART XII
PART XIII Powers and Duties of Registrar (sections 44 to 48)
PART XIV Evidence (sections 49 to 52)
PART XV Appeals to and Powers of Court (sections 53 to 59)
PART XVI Offences (sections 60 to 62)
PART XVII International Arrangements (section 63)
PART XVIII Miscellaneous (sections 64 to 72).
2. Definitions
(1) In this Act, unless the context otherwise indicates –
“agent” means any person whose name has been entered in the register referred to in
section 8(2), or a patent agent or an attorney;
“assignment” means assignment by act of the parties concerned, and “assign” or “assignable”
has a corresponding meaning;
“certification trade mark” means a mark registered or deemed to have been registered under
section 42;
“collective trade mark” means a mark registered under section 43;
ZA009EN
Marks, Act, 22/12/1993, No. 194
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