Housing Development Agency Act, 2008
R 385
Trade Marks Act, 1993 (Act No. 194 of 1993)Part IV : Application for Registration19. Proposed use of trade mark by body corporate to be established |
| (1) | No application for the registration of a trade mark in respect of any goods or services shall be refused, nor shall acceptance thereof be withheld, on the ground only that the applicant does not use or propose to use the trade mark, if the registrar is satisfied that a body corporate is about to be established and that the applicant intends to assign the trade mark to the body corporate with a view to the use thereof in relation to those goods or services by the body corporate: Provided that the trade mark shall only be registered once the registrar has been placed in a position to register the assignment in terms of section 40 simultaneously with the registration of the trade mark. |
| (2) | For the purposes of subsection (1)(a) of section 27 the intention referred to in that subsection shall, in relation to a trade mark registered by virtue of subsection (1) of this section, be an intention on the part of the applicant that the trade mark be used by the body corporate concerned. |
