TRADE MARKS ACT
(5) An appeal shall lie from any decision of the
Registrar under this section.
40 Alteration of registered trade mark
(1) The registered proprietor of a trade mark may
apply in the prescribed manner to the Registrar for
leave to add to or alter the trade mark in any manner
not substantially affecting the identity thereof, and
the Registrar may—
(a) refuse leave; or
(b) grant leave on such terms and subject to such
limitations as he may think fit.
(2) The Registrar may direct that an application
in terms of subsection (1) shall be advertised in the
prescribed manner in any case where it appears to
him that it is expedient so to do.
(3) If, within the prescribed period from the date
of an advertisement in terms of subsection (2), any
person gives notice to the Registrar in the prescribed
manner of opposition to the application, the Registrar shall, after hearing the parties if so required,
decide the matter.
(4) An appeal shall lie from any decision of the
Registrar under this section.
(5) Where leave to add to or alter a trade mark
has been granted, the proprietor shall advertise in
the prescribed manner the trade mark as altered,
unless it has already been advertised in the form to
which it has been altered in an advertisement under
subsection (2).
41 Adaptation of entries in Register to
amended or substituted classification of
goods or services
(1) Where the prescribed classification in accordance with which a trade mark was registered,
whether it was registered before, on or after the
appointed day, is revised or substituted by a new
classification, the proprietor of the trade mark shall,
together with any application in terms of section
twenty-four for the renewal of the registration
thereof or the restoration of that trade mark to the
Register, apply in the prescribed manner for revision
of the class or classes in which the trade mark is
registered so as to bring it in accord with the revised
or substituted classification.
(2) If, on an application in terms of subsection
(1), as a result of the revised or substituted classification—
(a) two or more identical trade marks owned by
the same proprietor, which were under the
previous registration registered in separate
classes, fall within a single class, such marks
may be consolidated as one registration in the
revised or substituted class; or
(b) a trade mark is required to be recorded in
more than one class, such mark shall be separately registered in each class in which the
mark is so recorded and shall be treated as
separate trade marks for the purposes of this
Act.
(3) Regulations made in terms of section one
hundred and four may empower the Registrar to
amend the Register, whether by making or expunging or varying entries therein, for the purpose of
adapting the designation therein of the goods or
ss 33–37
services or classes of goods or services in respect of
which trade marks are registered to any amended or
substituted classification that may be prescribed.
(4) The Registrar shall not, in the exercise of any
power conferred upon him by regulations referred to
in subsection (3), make any amendment to the
Register that would have the effect of—
(a)
adding any goods or services or classes of
goods or services to those in respect of which
a trade mark is registered, whether in one or
more classes, immediately before the amendment is to be made; or
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