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Act shall also be the seal of the Trade Marks Office, and impressions thereof made for the purposes of this Act or the repealed legislation shall be judicially noticed. 5 Register of Trade Marks (1) There shall be kept at the Trade Marks Office for the purposes of this Act a Register of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 (3) All registers of trade marks established and kept under the repealed legislation shall, under arrangements made by the Controller with the approval of the Minister, be incorporated with and form part of the Register of Trade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 81 [Chapter 26:04]

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