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 105 [Chapter 26:04]