TRADE MARKS ACT
PART II
ADMINISTRATION
ss 1–2
entered in a register of trade marks referred to in
subsection (3).
3
Trade Marks Office, Controller, Registrar
of Trade Marks and other officers
(1) There shall be established an office, to be
called the Trade Marks Office, for the registration of
trade marks and other matters in terms of this Act.
(2) The Controller shall exercise general supervision and direction of the Trade Marks Office.
(3) There shall be—
(a) a Registrar of Trade Marks; and
(b) such number of assistant registrars of trade
marks, examiners and other officers as may be
necessary for the purposes of this Act; and
who shall in the performance of their functions under
this Act be subject to the control of the Controller,
and whose offices shall be public offices and form
part of the Public Service.
(4) The Registrar, assistant registrars, examiners
and other officers shall perform such functions as are
conferred upon them in terms of this Act.
4
Seal
The seal of the Patent Office kept in terms of the
Patents Act shall also be the seal of the Trade Marks
Office, and impressions thereof made for the purposes of this Act or the repealed legislation shall be
judicially noticed.
5
Register of Trade Marks
(1) There shall be kept at the Trade Marks Office
for the purposes of this Act a Register of Trade Marks
in which shall be entered all trade marks or certification marks, as the case may be, registered in terms of
this Act with—
(a) the names, addresses and descriptions of their
proprietors; and
(b) particulars of assignments and transmissions;
and
(c) the names, addresses and descriptions of all
registered users; and
(d) disclaimers, conditions, limitations and such
other matters relating to such trade marks or
certification marks as may be prescribed.
(2) The Register shall be divided into four parts
which shall be known as Part A, Part B, Part C and
Part D, respectively.
(3) All registers of trade marks established and
kept under the repealed legislation shall, under
arrangements made by the Controller with the
approval of the Minister, be incorporated with and
form part of the Register of Trade Marks established
under subsection (1) so, however, that such arrangements shall in no way be deemed to extend the term
and effect of any trade mark or certification mark
registered in such registers beyond the term and effect
provided in respect of such mark by this Act, and the
trade marks or certification marks so registered shall
be deemed to have been registered in terms of this
Act.
(4) The Register shall be prima facie evidence of
any matter required or authorized by or under this
Act to be entered therein or which was required or
authorized by or under the repealed legislation to be
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