ss 47–54
(b)
(c)
(d)
the proprietor has failed to observe a provision of the rules deposited in terms of section
forty-six which it was his duty to observe; or
it is no longer to the advantage of the public
that the mark should be registered; or
the advantage of the public requires that if the
mark remains registered, the rules deposited
in terms of section forty-six should be varied.
TRADE MARKS ACT
the ground that the trade mark is not apt to distinguish or capable of distinguishing, as the case may
be,
48 Assignment or transmission of
certification mark
A certification mark shall not be assignable or
transmissible otherwise than with the consent of the
Registrar who may grant his consent subject to such
terms and conditions as he may think fit.
49 Appeals against refusal by registered
proprietor to certify goods or services
(1) There shall be a right of appeal to the Registrar in the prescribed manner against the refusal by
the registered proprietor of a certification mark to
certify goods or services or to authorize the use of
the certification mark in accordance with the rules
deposited in terms of section forty-six.
(2) Notwithstanding section fifty-five, the Registrar shall not have jurisdiction to award costs to or
against any party on an appeal to him in terms of
subsection (1).
50 Provisions of the Act not applicable to
certification mark
Save as otherwise provided in this Part, this Act
other than—
(a) subsections (4) to (8) of section twenty-seven
and sections thirty-one, thirty-two, thirtythree, thirty-four and ninety-nine; and
(b) any provision the operation of which is
limited by the terms thereof to registration in
Part B of the Register; shall apply, mutatis
mutandis, in relation to a certification mark.
PART X
FUNCTIONS OF REGISTRAR IN RELATION TO CERTAIN EVIDENCE, DOCUMENTS AND POWERS
51 Preliminary advice by Registrar as to
distinctiveness, deceptiveness, etc.
(1) It shall be a function of the Registrar to give
to a person who proposes to apply for the registration of a trade mark in Part A or Part B of the
Register advice as to whether the trade mark appears
to the Registrar prima facie—
(a) to be inherently apt to distinguish or capable
of distinguishing, as the case may be, for the
purposes of section twelve or thirteen, as the
case may be; or
(b) not to be prohibited from registration by
virtue of subsection (1) of section fourteen.
(2) Any person referred to in subsection (1) who
is desirous of obtaining advice mentioned in that
subsection shall make application to the Registrar
therefor in the prescribed manner.
(3) If, on the application for the registration of a
trade mark as to which the Registrar has given
advice in terms of subsection (1) in the affirmative,
made within three months after the advice is given,
the Registrar, after further investigation or consideration, gives notice to the applicant of objection on
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