to use his name or the name of his predecessor in business, unless his use of that name is likely to mislead the public. (3) Nothing in this Act shall prevent— (a) the registration under the Trade Marks Act [Chapter 26:04] of a mark that is identical or similar to a geographical indication, where the application for the mark’s registration was made in good faith before the date of publication of this Act or before the geographical indication was protected in its country of origin; or (b) the use of a trade mark that is identical or similar to a geographical indication, where— (i) the mark was registered in good faith under the Trade Marks Act [Chapter 26:04] before the date of publication of this Act or before the geographical indication was protected in its country of origin; or (ii) the person who uses the mark acquired the right to do so through use in good faith before the date of publication of this Act or before the geographical indication was protected in its country of origin. 46 Act not to be construed as limiting other laws preventing misuse of geographical indications This Act shall not be construed as limiting any other law which prohibits or restricts the application or use of misleading geographical indications, in particular— (a) the crime of fraud; and (b) the delicts of passing off and unlawful competition; and (c) any enactment relating to the labelling or sale of any product. 47 Transitional provisions Any regulations or rules which, on the date of publication of this Act, are in force under the Trade Marks Act [Chapter 26:04] shall apply, mutatis mutandis, in respect of applications, references, appeals, proceedings and other matters in terms of this Act, until regulations dealing with those matters are published in terms of section forty-four. Go To Top Page NEXT CHAPTER