Stamp Duties Act, 1968 (Act 77 of 1968)
R 385
Trade Marks Act, 1993 (Act No. 194 of 1993)Part III : Registrable Trade Marks11. Registration to be in respect of particular goods or services |
| (1) | A trade mark shall be registered in respect of goods or services falling in a particular class or particular classes in accordance with the prescribed classification: Provided that the rights arising from the registration of a trade mark shall be determined in accordance with the prescribed classification applicable at the date of registration thereof. |
| (2) | Where a trade mark has, either before or after the commencement of this Act, been registered as contemplated in subsection (1) and, during the subsistence of that registration, the prescribed classification in accordance with which the trade mark was registered as aforesaid is revised or is replaced by a new classification, the proprietor of the trade mark may, at any time, apply in the prescribed manner for revision, in accordance with the revised or new classification, of the class or classes in which the trade mark is registered. |
| (3) | If the revised or new classification referred to in subsection (2) results in two or more identical trade marks owned by the same proprietor which were under the previous registration registered in separate classes, falling within a single class, such marks shall, if they have the same registration date, be consolidated as one registration in the revised or new class, or if as a result of the revised or new classification a trade mark is required to be recorded in more than one class, such mark shall be deemed to be separately registered in each such class and shall be treated as a separate trade mark for the purposes of renewal thereof in each class. |
