SOUTH AFRICA
Trade Marks regulations
Government Notice R578 of 21 April 1995 as amended by Government Notice
R1180 of 1 December 2006
TABLE OF CONTENTS
1. Definitions
1A. ELECTRONIC SERVICES
2. Fees
3. Forms
4. Classification of goods and services
5. Documents
6. Service of documents
7. Address for service
8. Alteration of address and address for service
9. Agents
10. Unregistrable marks
11. Application for registration
12. Convention applications
13. Representation of marks
14. Translation of languages
15. Procedure on receipt of application
16. Application for registration of a trade mark to be used by body corporate
to be established
17. Honest concurrent user and other special circumstance applications
18. Advertisement of application
19. Proceedings before the Registrar
20. Non-completion
21. Entry in the register
22. Associated marks
23. Certificate of registration
24. Renewal
25. Application for renewal by proprietor
26.
27.
28.
29.
30.
31. Assignment or transmission
32.
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33.
34.
35.
36.
37.
38. Substitution of applicants
39. Registered users
40.
41.
42.
43. Attachment and hypothecation
44. Amendment of register of application
45. Alteration of mark
46.
47. Search
48. Caveat
49. Inspection of documents
50. Office hours
51. Discretionary powers
52. Extension of time and condonation
53. Discovery, inspection and production of documents
54. Registrar’s written reasons and appeals
55. Applications to and orders of the court
56. Certification marks
57. Collective marks
58. Certificates
59. Authentication of affidavits executed outside the Republic for use
within the Republic
60.
Schedule 1 FEES
Schedule 2 TRADE MARK FORMS (omitted)
Schedule 3 LIST OF CLASSES OF GOODS AND SERVICES
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1. Definitions
In these regulations, unless the context otherwise indicates, any
expression to which a meaning has been assigned in the Trade Marks Act,
1993 (Act 194 of 1993), bears a meaning so assigned, and-
‘access code’ means the unique identification particulars, whether
alphanumeric, biometric or otherwise, enabling the CIPRO system to identify
a person;
‘the Act’ means the Trade Marks Act, 1993 (Act 194 of 1993);
‘CIPRO’ means the Companies and Intellectual Property Registration Office
that constitutes a combined administrative office for the various
registration offices established or deemed to be established under the
Act, the Patents Act, 1978 (Act 57 of 1978), the Designs Act, 1993 (Act
195 of 1993), the Registration of Copyright in Cinematograph Films Act,
1977 (Act 62 of 1977), the Close Corporations Act, 1984 (Act 69 of 1984)
and the Companies Act, 1973 (Act 61 of 1973);
‘CIPRO customer’ means any person using electronic services and includes
any person who has been allowed by the Registrar to use electronic services,
who is legally entitled to act on behalf of a natural or juristic person,
and who has thus been allowed to use or provide electronic services or
to act as an intermediary in respect of electronic services;
‘CIPROportal’meanstheInternetwebsiteorotherelectronicportalforming
part of the CIPRO system;
‘CIPRO record retention system’ means the system used by CIPRO to store
records for subsequent access, whether in paper, microfilm, electronic
or any other form;
‘CIPRO system’ means the computer system, including the CIPRO portal,
through which CIPRO provides electronic services, irrespective of the
medium or form of technology underlying or forming part of such services;
‘electronic services’ means the services provided or made available by
CIPRO through the CIPRO system in terms of regulation 1A;
‘inspect’ includes obtaining access to a record via the CIPRO system;
‘lodge’ includes the creation of a record on the CIPRO system;
‘Patent Journal’ means the official journal of patents, designs, trade
marks and copyright in cinematograph films of the Republic of South Africa;
‘Office’ means the Trade Marks Office referred to in section 5 of the
Act;
‘operational requirements’ means the requirements provided for in
regulation 1A(2);
‘record’ includes a document and vice versa;
‘send’ includes give;
‘specification’ means the designation of goods or services in respect
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of which a trade mark is registered or proposed to be registered.
1A. ELECTRONIC SERVICES
(1) The Registrar may direct by notice in the Gazette that any requirement
under the Act or these regulations, including requirements in respect
of information, records and payment, may or must be satisfied in electronic
form, subject to the provisions of the operational requirements.
(2) The Registrar must publish operational requirements on the CIPRO portal
setting out the requirements, processes and procedures in respect of all
or certain electronic services, including-
(a) registration procedures;
(b) identification, authentication and verification;
(c) form and format of records;
(d) manner and form of payment;
(e) information security requirements; and
(f) record retention requirements.
(3) The operational requirements may be published in different forms over
different parts of the CIPRO portal.
(4) Unless another form of electronic signature is specified in the
operating requirements, any signature requirement under the Act or these
regulations in respect of a record to be accessed from or lodged with
CIPRO is satisfied by the CIPRO customer entering his access code on the
CIPRO system and any record lodged after the CIPRO customer having entered
the access code shall be deemed to have been duly signed by the person
whose signature is required under the Act or these regulations for purposes
of such record.
(5) Where any form under the Act or regulations makes provision for a
signature and such form is deemed to be signed as provided for in
subregulation (4), it shall not be necessary to have recorded on such
form that it had been signed.
(6) Unless CIPRO receives prior written notification from the holder of
an access code to disable such access code, CIPRO shall be entitled to
accept that the person using electronic services is the person to whom
the access code was issued or such person’s duly authorized representative
acting within the scope of such person’s authority.
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(7) CIPRO may suspend or terminate electronic services at any time without
incurring any liability for doing so: Provided that proper notice of such
suspension or termination shall be given and that such suspension or
termination will not affect existing rights of any person who has been
using such electronic services.
2. Fees
[Sections 65 and 69(1)]
(1) The fees to be paid in pursuance of the Act shall be the fees specified
in Schedule 1 to these regulations.
(2) All such fees shall, subject to such conditions as the Registrar may
impose, be payable in such a manner as the Registrar may direct.
3. Forms
[Section 69(2)]
(1) The forms referred to in these regulations are the forms contained
in Schedule 2, and such forms, whether in paper form or in any electronic
form authorized by the Registrar for electronic services, shall be used
in all cases to which they are applicable, but may be modified or amended
to the extent necessary in the circumstances of a particular case.
(2) Any request, notification or application to the Registrar for which
no specific form is prescribed in these regulations shall be made on Form
TM2 quoting the section of the Act or the regulation or both in terms
of which the request, notification or application is made.
4. Classification of goods and services
[Sections 11 and 69(2)]
(1) For the purposes of trade mark, certification mark and collective
mark applications made under the Act, goods and services are classified
in accordance with Schedule 3 to these regulations.
(2) For the purposes of classifying goods and services in accordance with
Schedule3totheseregulationsandofinterpretingthisSchedule,reference
shall be had to the 6th Edition of the International Classification of
Goods and Services for the purposes of the registration of marks under
the Nice Agreement of 15 June 1957 (as revised) published by the World
Intellectual Property Organisation in 1992, including the explanatory
notes and lists of goods and services published therein.
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(3) In the event of the aforesaid 6th Edition of the International
Classification of Goods and Services, 1992, being amended by the World
Intellectual Property Organisation at any future stage, the Registrar
shall publish such amendments in the Patent Journal and shall, to the
extent that such amendments necessitate an amendment of Schedule 3 to
these regulations, so amend Schedule 3 and publish such amendment.
(4) If any doubt arises as to the class in which any particular description
of goods or services belongs, the matter shall be determined by the
Registrar.
5. Documents
[Section 69(2)]
Subject to any directions that may be given by the Registrar, all documents
required by the Act or by these regulations to be filed with the Registrar
shall be typewritten, lithographed or printed in one of the official
languages of the Republic in legible roman characters with black ink upon
strong paper, on one side of the paper only, of A4 standard size and shall
have on the left hand side a margin of at least 35 mm. Provided that the
requirements of this regulation are met if documents have been lodged
in accordance with the operational requirements and proof of payment of
the prescribed fee (if any), has been provided.
6. Service of documents
[Section 66]
(1) Any document to be filed with the Registrar may be sent through the
post or in such electronic form and by such electronic means as authorized
by the Registrar for electronic services. Any such document so sent shall
not be deemed to have been duly sent until it is received by the Registrar.
(2) Any document to be served on any person other than the Registrar may
be sent by registered post. Any document so sent shall be deemed to have
been delivered in the ordinary course of post, and in proving such service
or sending it shall be sufficient to prove that such document was properly
addressed and put into the post and registered.
(3) Any affidavit to be filed with the Registrar or served on any other
person in terms of regulations 19 and 52(2) may be sent by facsimile
transmission or in such electronic form and by such electronic means as
authorized by the Registrar for electronic services. Such transmitted
copy or original electronic document, as the case may be, shall be received
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and accepted by the Registrar and any such other person and shall be deemed
to be in compliance with these regulations: Provided that the original
version of such affidavit is filled with the Registrar before noon on
the court day but one day preceding the day upon which the matter is to
be heard, or within 15 court days of the date of signature of the document,
whichever is earlier.
(4) Any other document or copy to be filed with the Registrar or served
on any other person in terms of the Act may be filed or served by facsimile
transmission or by means of electronic transfer: Provided that the original
document or copy, as the case may be, is filed or served within 15 court
days of the date of the signature thereof, unless the document or copy
so transmitted complies with the requirements of regulation 1A(4) and
is, therefore, deemed to be original.
(5) All documents relating to an entry in the register to be served on
the proprietor of the trade mark shall be served at his address for service.
(6) All documents to be sent to or served on a registered user or assignee
shall be sent to or served on the registered user or assignee of the trade
mark at his address for service as recorded with the Registrar.
(7) Whenever the Registrar is not satisfied as to the effectiveness of
service, he may order such further steps to be taken as to him seems meet.
7. Address for service
[Section 66]
(1) An address for service shall in all cases be in the Republic and shall
include a street address.
(2) Where an address for service is in an area where there is no street,
the address given shall contain such further indications as the Registrar
may deem necessary to find the exact location of such address.
(3) An address for service may, in addition, contain a post office box
number, a facsimile transmission number and an e-mail address.
8. Alteration of address and address for service
[Sections 23 and 66(3)]
(1) Any person who alters his address or address for service may apply
to the Registrar on Form TM2 to record such alteration on the relevant
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documents and on the register and the Registrar shall act accordingly.
(2) Any party to any proceedings under the Act who alters his address
or address for service shall forthwith-
(a) apply to the Registrar on Form TM2 to record such alteration on the
notice of opposition or other documents or the register, and the Registrar
shall act accordingly; and
(b) give notice of such alteration to every other person who is a party
to the proceedings.
9. Agents
[Section 8]
(1) All communications to the Registrar relating to trade marks or trade
mark applications may be signed by and all attendances upon the Registrar
may be made by or through an agent practising in the Republic and duly
authorised to the satisfaction of the Registrar. In any particular case
the Registrar may, if he thinks fit, require the personal signature of
an applicant, objector or other person.
(2) Service upon such agent shall be deemed to be service upon the person
so appointing him and all communications directed to be made to such person
may be addressed to such agent.
(3) Where the address of an agent has been used as the address for service
in respect of any entry in the register and such agent changes his address,
he shall forthwith apply to the registrar on Form TM2 for the form of
advertisement of the change of address for publication in the Patent
Journal.
10. Unregistrable marks
[Section 10(8) - (10)]
(1) Subject to the provisions of any other law, the Registrar may refuse
to accept any application upon which any of the following appear:
(a) The words ‘patent’, ‘patented’, ‘by letters patent’, ‘registered’,
‘registered trade mark’, ‘registered design’, ‘copyright’, ‘certified’,
‘guaranteed’ or words to like effect; and
(b) the letters ‘(r)’, ‘(c)’ or similar combinations which may be construed
to import a reference to registration.
(2) Where a representation of arms, insignia, a decoration or a flag appears
on a mark, the Registrar may call for such justification, including such
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consent as he may deem necessary as the circumstances of the case may
require.
11. Application for registration
[Section 16]
(1) An application for a trade mark registration shall be made on Form
TM1.
(2) The application shall be dated and signed by the applicant(s) or
his/their duly authorised agent.
(3) The application shall be in triplicate and a separate and distinct
application is required for each class of goods or services and for each
separate mark.
(4) If the application is made by a firm or partnership it may be signed
in the name or for and on behalf of the firm or partnership by any one
or more members or partners thereof.
(5) If the application is made by a body corporate it may be signed by
any authorised person.
12. Convention applications
[Section 63]
If the applicant claims convention priority under section 63 of the Act,
by reason of an application made or deemed to have been made to register
the trade mark in a convention country as defined in section 2 of the
Act, the applicant shall, within three months of the date of the application
in the Republic, lodge with the Registrar a copy of the application in
theconventioncountrydulycertified,tothesatisfactionoftheRegistrar,
by the Trade Marks Office of such country. If such application is in a
language other than one of the official languages of the Republic, it
shall be accompanied by a translation into one of the official languages
of the Republic, verified to the satisfaction of the Registrar.
13. Representation of marks
(1) Every application for the registration of a trade mark shall contain
a representation, suitable for reproduction, affixed to it in the space
provided on Form TM1 for this purpose.
(2) A representation shall not exceed 8.5 cm in width and 10 cm in length.
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(3) Where the trade mark applied for is not a word, letter, numeral or
combination thereof (but a mark represented in a special or particular
manner) there shall be sent with every application for the registration
of the trade mark a representation of the mark annexed to Form TM1 and-
(a) two additional unmounted representations of the mark exactly
corresponding to the mark affixed to Form TM1; and
(b) such additional representations of the mark as the Registrar may deem
necessary.
(4) All representations of the marks shall be of a durable nature and
on one side of the paper only. Letters, figures and lines shall be clear
and distinct. If, in the opinion of the Registrar, the representations
of the mark are not satisfactory, he may at any time require other
representations, satisfactory to him, to be substituted before proceeding
with the application.
(5) Where a representation cannot be given in the manner aforesaid, a
specimen or copy of the trade mark may be sent either of full size or
onareducedscaleandinsuchformastheRegistrarmaythinkmostconvenient.
(6) The Registrar may also call for a deposit in the office of a specimen
or copy of any trade mark which cannot conveniently be shown by a
representation, and may refer to it in the register in such manner as
he may think fit.
14. Translation of languages
(1) Where a trade mark or application contains a word or numeral in other
than roman characters, there shall be endorsed on Form TM1 a transliteration
and/or translation to the satisfaction of the Registrar of each such word
or numeral.
(2) Where a trade mark contains a word in a language other than an official
language of the Republic the Registrar may ask for a translation thereof,
and if he so requires, such translation shall be endorsed on Form TM1.
15. Procedure on receipt of application
(1) On or after the receipt of any application for the registration of
a trade mark, the Registrar shall furnish the applicant with an
acknowledgement thereof. Such acknowledgement shall contain the official
number and date of the application.
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(2) The Registrar shall after receipt of the application for the
registration of the trade mark cause a search to be made amongst registered
marks and pending applications for the purpose of ascertaining whether
there are on record any marks for goods or services which may conflict
with the trade mark forming the subject of the application in terms of
section 10.
(3) If after such search and a consideration of the application the Registrar
considers that there is no objection to the mark being registered, he
shall accept it absolutely or subject to conditions, modifications or
amendments which he shall communicate to the applicant or his agent.
(4) If after such search and consideration of the application any objections
exist, a statement of those objections shall be sent to the applicant,
in writing, and unless within three months of the date of the statement
the applicant submits arguments, in writing, or applies for a hearing
or an extension of time, the application shall be deemed to have been
abandoned.
(5) If the Registrar accepts an application subject to any conditions,
modifications or amendments, and the applicant objects to such conditions,
modifications or amendments, he shall within three months from the date
of the notice of conditional acceptance submit arguments in writing or
apply for a hearing or for an extension of time. If he does not do so
the application shall be deemed to have been abandoned. If the applicant
does not object to such conditions, modifications or amendments, he shall
within three months so notify the Registrar, in writing, or apply for
an extension of time and, if he fails to do so, the application shall
be deemed to have been abandoned.
16. Application for registration of a trade mark to be used by body corporate
to be established
[Section 19]
An application in terms of section 19 of the Act, shall be supported by
an affidavit to the effect that a body corporate is about to be established
andthattheapplicantintendstoassignthetrademarktothatbodycorporate
with a view to its use by the body corporate in relation to the goods
or services in question.
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17. Honest concurrent user and other special circumstance applications
[Section 14]
An application in terms of the provisions of section 14(1) of the Act
shall be made on Form TM1 accompanied by a statement of case and an affidavit
in support of it.
18. Advertisement of application
[Section 17]
(1) Every application for registration of a trade mark shall be advertised
once in the Patent Journal by the applicant, in the form and wording required
by the Registrar.
(2) In respect of any other application or notice the provisions of
subregulation (1) shall mutatis mutandis apply.
19. Proceedings before the Registrar
[Sections 21, 24, 26, 27 and 45]
(1) All proceedings brought before the Registrar in terms of section 21,
24, 26 and 27 of the Act shall be brought on notice of opposition or notice
of rectification, as the case may be, supported by an affidavit as to
the facts upon which the applicant relies for relief.
(2) (a) A notice of opposition in terms of section 21 shall be brought
on or as near as may be in accordance with Form TM3 of the second schedule.
(b) A notice of rectification in terms of sections 24, 26 and 27 shall
be brought on or as near as may be in accordance with Form TM3 of the
second schedule.
(c) A copy of such notice, and all annexures to it, shall be served upon
every interested party.
(d) In the notice the applicant shall appoint an address for service in
terms of regulation 7(1) at which he will accept notice and service of
all documents in such proceedings, and shall set forth a day, not less
than one month after service of it on the respondent, on or before which
such respondent is required to notify the applicant and the Registrar,
in writing, whether he intends to defend such application, and the notice
shall further state that if no such notification is given, the application
will be set down for hearing on a stated date, being not less than 10
days after expiry of the one-month period referred to above.
(e) If the respondent does not, on or before the day mentioned for that
purpose in such notice, notify the applicant and the Registrar of his
intention to defend, the applicant may set the matter on the roll for
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hearing by giving the Registrar notice of set-down before noon on the
court day but one preceding the day upon which the matter is to be heard.
(f) Any person opposing the grant of an order sought shall-
(i) within the time stated in the said notice, give the applicant notice
in writing on Form TM4 that he intends to oppose the application;
(ii) appoint an address for service in terms of regulation 7(1) at which
he will accept notice and service of all documents;
(iii) within two months of notifying the applicant of his intention to
oppose the application, deliver his answering affidavit, if any; and
(iv) if he intends to raise any question of law only, deliver notice of
his intention to do so within the time stated in the preceding subparagraph,
setting forth such question.
(g) Within one month of the service upon him of the affidavit and documents
referredtoinsubregulation(2)(f)(ii)theapplicantmaydeliverareplying
affidavit. The Registrar may in his discretion permit the filing of further
affidavits.
(h) Where no answering affidavit, or notice in terms of subregulation
(2)(f)(iii) is delivered within the period referred to in subregulation
(2)(f)(iii), the applicant may within 10 court days of its expiry apply
to the Registrar to allocate a date for the hearing of the application.
Where an answering affidavit is delivered the applicant may apply for
such allocation within 10 court days of the delivery of his replying
affidavit or, if no replying affidavit is delivered, within 10 court days
of the expiry of the period referred to in paragraph (g) and where such
notice is delivered the applicant may apply for such allocation within
10 court days after delivery of such notice. If the applicant fails to
apply to the Registrar to allocate a date within the appropriate period
aforesaid, the respondent may do so immediately upon its expiry. Notice
of set-down in writing of the date allocated by the Registrar shall forthwith
be given by the applicant or respondent, as the case may be, to the opposite
party.
(i) Where an application cannot properly be decided on affidavit, the
Registrar may refer the matter to the Supreme Court or make such order
as to him seems meet with a view to ensuring a just and expeditious decision.
(j) On notice the Registrar may order to be struck out from any affidavit
anymatterwhichisscandalous,vexatiousorirrelevant,withanappropriate
order as to costs, including costs as between attorney and client. The
Registrar shall not grant the application unless he is satisfied that
the applicant will be prejudiced in his case should it not be granted.
(3) (a) Notwithstanding the aforegoing subregulations, an interlocutory
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or other application incidental to pending proceedings or a pending
application, including an application for an extension of time and
condonation, may be brought on notice supported by such affidavits as
the case may require and be set down at a time assigned by the Registrar.
(b) If the applicant in such an application wishes to rely on particular
facts not apparent from the official record, an affidavit must be filed
at the Office at least 10 court days before the hearing. In the event
that the applicant does not file an affidavit, it shall be presumed that
he intends to rely on those facts which are properly before the Registrar.
At any time within the period allowed for the filing of such an affidavit
by the applicant, he may give written notification to the other party
and to the Registrar that he intends to rely on the facts which are properly
before the Registrar.
(c) After the applicant has filed his affidavit, the other party may file
an answering affidavit at least seven court days before the hearing. In
the event that the applicant does not file an affidavit in support of
his application, the other party may file an affidavit at least seven
court days before the hearing, setting out such facts as he may consider
relevant.
(d) At least four court days before the hearing, the applicant may file
an affidavit replying to any facts set out in the answering affidavit.
(e) A copy of an affidavit filed with the Registrar in accordance with
the aforegoing shall be delivered to the other party to the proceedings
at its appointed address for service.
(f) A notice of set-down shall be served upon every party to whom notice
of it is to be given at least 10 court days prior to the hearing and both
parties shall pay the prescribed hearing fee on Form TM2 prior to the
hearing date.
(g) Failure to comply with these provisions shall result in the matter
being struck off the roll, and an appropriate award of costs shall be
made by the Registrar.
(4) (a) In any opposed proceedings before the Registrar in terms of this
regulation which result in a hearing before the Registrar, both parties
to the matter shall file heads of argument at the Office of the Registrar
not later than two court days before the date which has been set down
for the hearing.
(b) Such heads of argument shall consist of a concise and succinct statement
of the main points (without elaboration) intended to be argued. A list
of authorities relied upon in support of each point shall also be supplied.
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20. Non-completion
[Section 20]
The Registrar shall give notice in writing to the applicant on Form O.1
of the noncompletion of the registration of the trade mark.
21. Entry in the register
[Section 22(1)]
(1) As soon as practicable after the expiration of three months from the
date of the advertisement in the Patent Journal of any application, the
Registrar shall, subject to the provisions of regulation 52(1) and 52(5)
and subject to the provisions of section 29(1)(b) of the Act and the proviso
thereto, enter the trade mark in the register and record the date of issue
of the certificate of registration.
(2) There shall be entered in the register particulars of-
(a) all applications to register trade marks and all registrations of
trade marks with the names and addresses for service of the proprietors
and all registered users together with the date of registration, the date
of any renewal of the registration and the date of its expiration;
(b) disclaimers, and conditions of registrations;
(c) endorsements of deeds of security and other endorsements;
(d) notifications of assignments, transmissions and attachments;
(e) any other matters relating to registered trade marks which are
prescribed; and
(f) such other particulars as the Registrar may deem necessary.
22. Associated marks
[Section 31]
(1) Where a mark is registered as associated with any other mark or marks,
the Registrar shall note in the register in connection with such mark
the numbers of the marks with which it is associated and shall also note
in the register in connection with each of the associated marks the number
of the newly registered mark as being an associated mark with each of
them.
(2) An application by a registered proprietor in terms of section 30(5)
of the Act to the Registrar to dissolve the association between two or
more associated trade marks shall be made on Form TM2 and shall include
a statement of the grounds of the application. The registration fee for
recording such dissolution shall be paid on lodgement.
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23. Certificate of registration
[Section 29]
Upon the registration of a trade mark the Registrar shall, as required
by section 29(2) of the Act, issue to the applicant a certificate on Form
O.2.
24. Renewal
[Sections 11 and 37]
(1) The notice under section 37(3) of the Act shall be sent by the Registrar
not less than six months prior to the expiration of the last registration.
The notice shall be on Form O.3.
(2) If trade marks having the same date of registration and owned by the
same proprietor and which were previously registered in different classes
fall, for whatever reason, in the same class, such marks shall on renewal
be consolidated into one registration having one distinguishing number
and shall, for the purposes of these regulations, be deemed to be a single
trade mark.
(3) On renewal, the Registrar shall be required to make any entries or
amendments in the register in order to record changes resulting from a
revised or replaced classification resulting from whatever reason.
25. Application for renewal by proprietor
[Sections 11 and 37]
(1) An application to the Registrar for the renewal of the registration
of a trade mark, including a variation of the class, in terms of section
11 of the Act, shall be made on Form TM5 within the period commencing
six months prior to the expiration of the last registration and ending
six months after the said expiration.
(2) Failure to pay the renewal fee before the expiration of the last
registration shall attract an additional fee; and failure to pay within
the time limit of regulation 25(1) shall attract a further additional
fee.
26.
If the renewal fee has not been paid before the expiry of the period referred
to in regulation 25(1) the Registrar shall advertise the fact forthwith
in the Patent Journal. If within one month of such expiration the renewal
fee upon Form TM5, together with the additional fees, is received, he
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may renew the registration without removing the mark from the register.
27.
Whenever after the expiry of the said period of one month such fees have
not been paid, the Registrar may remove the mark from the register as
of the date of the expiration of the last registration, but may upon payment
of the renewal fee upon Form TM5, together with the additional fee, restore
the mark to the register if satisfied that it is just so to do and upon
such conditions as he may think fit to impose.
28.
Where the application for the renewal of the trade mark is not made by
the registered proprietor, the Registrar, before taking any further steps,
may require the applicant to furnish within two months evidence at his
authority to make such application and in the absence of such evidence
may return the application and treat it as not having been received.
29.
Where a trade mark has been removed from the register, the Registrar shall
cause to be entered in the register a record of such removal and its cause
and shall advertise the fact in the Patent Journal.
30.
(1) Upon the renewal of the registration, notice on Form TM5 to that effect
shall be sent to the registered proprietor at his registered address or
at the address given on Form TM5, as the case may be.
(2) Thereafter, the renewal shall be advertised forthwith by the Registrar
in the Patent Journal.
31. Assignment or transmission
[Sections 39 and 40]
Where a person becomes entitled by assignment or transmission to a
registered trade mark, he may make application to the Registrar on Form
TM6 to register his title and if the application is not made to register
the assignment or transmission within 12 months of its effective date,
a penalty specified in Schedule 1 to these regulations shall be payable
in respect of each period of 12 months or portion thereof following the
expiration of 12 months from the effective date.
17
32.
An application in terms of regulation 31 shall contain the name and address
of the applicant and the name and address of the person claiming to be
so entitled, and in the case of a body corporate, the state or country
under whose law it is incorporated, together with particulars of the
instrument or a copy thereof, if any, under which he claims.
33.
Where in the case of an application on Form TM6 the person applying for
registration of his title does not claim under any document or instrument
which is capable in itself of furnishing proof of his title, he shall,
unless the Registrar otherwise directs, with the application, file a
statement of case setting out the facts upon which he claims to be the
proprietor of the trade mark.
34.
The Registrar may call on any person who applies to be registered as
proprietor of a registered trade mark for such proof of title as he may
require.
35.
When the Registrar is satisfied as to the title of the person claiming
to be registered, he shall cause him to be registered as proprietor of
the trade mark in respect of the relevant goods or services and shall
enter in the register his name, address and particulars of the assignment
or transmission and the effective date of assignment.
36.
Where pursuant to an application under regulation 31 and as the result
of a division and separation of the goods or services or a division and
separation of places or markets, different persons become registered
separately under the same official number as subsequent proprietors of
a trade mark, each of the resulting separate registrations in the name
of those different persons shall be deemed to be a separate registration
for the purposes of the Act and each such registration shall be given
a distinguishing number by the Registrar.
37.
Any person who desires to obtain the Registrar’s certificate under section
39(6) of the Act shall send to the Registrar with his application on Form
TM2 a statement of case in duplicate setting out the circumstances and
18
a copy of any instrument or proposed instrument effecting the assignment
or transmission. The Registrar may call for any evidence that he may consider
necessary and the statement of case, if required, shall be verified by
an affidavit. The Registrar may hear the applicant and any other interested
person. The Registrar shall consider the matter and issue a certificate
thereon or a notification in writing of disapproval thereof, as the case
may be. The Registrar shall bind and seal a copy of the statement of case
to the certificate or notification.
38. Substitution of applicants
[Sections 39 or 46(2)]
(1) Notwithstanding anything contained in these regulations and subject
to section 39(5) of the Act, any person may apply on Form TM6 for a
substitution of applicant in respect of a trade mark which is the subject
of a pending application for registration; and the Registrar may, if
satisfied that there is good reason to grant the application, approve
of the substitution subject to such conditions as he deems necessary.
(2) The application to substitute a body corporate in terms of section
46(2) of the Act for another applicant in the case of a pending application
shall likewise be made on Form TM6 and dealt with in terms of subregulation
(1) of this regulation.
39. Registered users
[Section 38]
An application to the Registrar for the registration under section 38(6)
of the Act of a person as a registered user of a registered trade mark,
shall be made by the registered proprietor on Form TM7 and shall be
accompanied by-
(a) an affidavit executed by or on behalf of the proprietor confirming
the particulars set out in Form TM7; or
(b) a certified copy of the licence agreement regulating the use of the
trade mark and the relationship between the parties.
40.
The date of an entry of a registered user in the register shall be the
date on which the application for registration as a registered user was
made. In addition to the address of the registered user, the application
shall include the address for service of the registered user which may
be the same, or different to, that of the registered proprietor. A
notification, in writing, of the registration of a registered user shall
19
be sent to the registered proprietor of the trade mark, and shall be inserted
in the Patent Journal.
41.
An application in terms of section 38(8)(a) shall be made on Form TM7
and shall be accompanied by a statement of the grounds on which it is
made. If the application is made by the registered proprietor a copy of
the Form TM7 and the supporting statement shall be sent to any registered
user recorded against the trade mark and, if the application is made by
a registered user, copies shall likewise be sent to the registered
proprietor and to any other registered user.
42.
An application by the registered proprietor in terms of section 38(8)(b)
to maintain the entry of registered user on assignment shall be made on
Form TM 7 and shall be accompanied by-
(a) an affidavit confirming the facts set out in the Form TM7; or
(b) a certified copy of the licence agreement or agreements between the
parties which regulates their relationship.
43. Attachment and hypothecation
[Section 41]
(1) An attachment order in respect of a registered trade mark shall be
made on Form TM6 and served on the Registrar for endorsement in the register,
and copies of the order shall be served on the registered proprietor at
his address for service. Proof of service on the registered proprietor
shall be furnished to the satisfaction of the Registrar.
(2) An endorsement of attachment may be removed from the register on a
request made to the Registrar on Form TM6, accompanied by proof to the
satisfaction of the Registrar that the attachment may so be removed. Copies
of the order and Form TM6 shall be served on all interested parties appearing
from the register.
(3) The hypothecation of a registered trade mark by a deed of security
shall be endorsed in the register by application on Form TM6, accompanied
by the deed of security. The application shall be served on the registered
proprietor and any other person recorded in the register as having an
interest in the trade mark, and proof of service shall be furnished to
the satisfaction of the Registrar.
20
(4) The endorsement of the hypothecation may be removed from the register
on application to the Registrar on Form TM6, accompanied by such proof
of the termination of the hypothecation as the Registrar may require.
Copies of the Form TM6 and said proof shall be served on all interested
parties appearing from the register.
44. Amendment of register of application
[Section 16(5) or 23 or 46(1)]
(1) Applications under section 16(5) or 46(1) or 23 of the Act, as the
case may be, to the Registrar may be made by the applicant, or the registered
proprietor or registered user or, where the registered proprietor or
registered user is a company in liquidation, by the liquidator and in
other cases by such person as the Registrar may decide to be entitled
to act in the name of the registered proprietor or the registered user.
The application may be made on Form TM2.
(2) Where such application is made, the Registrar may require any evidence
on affidavit or sworn declaration or otherwise as he may think fit as
to the circumstances in which the application is made.
(3) An application to the Registrar under section 23 of the Act for the
correctingofanyentryintheregistershall,ifsorequiredbytheRegistrar,
be accompanied by a statement of case setting out fully the nature of
the applicant’s interest, the facts upon which he based his case and the
relief which he seeks.
(4) Where application is made to enter a disclaimer or memorandum relating
to a trade mark, the Registrar, before deciding upon such application,
may direct that the application be advertised once in the Patent Journal
in order to enable any person desiring so to do to object thereto. The
provisions of section 21 and the regulations relating thereto shall mutatis
mutandis apply.
45. Alteration of mark
[Section 25]
Where a person desires to apply under section 25 of the Act to alter or
add to a trade mark, he shall make his application, in writing, on Form
TM2 and shall furnish the Registrar with two copies of the mark as it
will appear when altered.
21
46.
Before proceeding with such application, the Registrar shall direct that
the application be advertised once in the Patent Journal in order to enable
any person desiring so to do to object thereto. The provisions of section
21 and the regulations relating thereto shall mutatis mutandis apply.
47. Search
The Registrar, if requested so to do in writing upon form TM2, shall cause
a search to be made in any class to ascertain whether any marks are on
record at the date of such search which may conflict with any mark in
terms of section 10 sent to him by the person requesting such search and
may cause that person to be informed of the result of such search.
48. Caveat
(1) (a) Any person may apply to the Registrar by lodging Form TM2 for
notice to be given by the Registrar of any proceedings relating to the
publication of the acceptance of a trade mark application, the registration
of a trade mark or of any application for the making of any entry in the
register of trade marks which take place from the date of lodgement of
Form TM2 until the date of issue of the certificate of registration of
the trade mark.
(b) Any person may apply to the Registrar by lodging Form TM 2 for notice
to be given by the Registrar of any proceedings relating to a registered
trade mark or of any application for the making of an entry in the register
of trade mark in respect of a registered trade mark which take place within
12 months from the date of lodgement of Form TM2.
(2) As soon as may be practicable after any such procedures are taken
and in the case of an application for making an entry, before such entry
is made, the Registrar shall give notice of any such proceedings to such
person.
49. Inspection of documents
Subject to the provisions of section 48(7) of the repealed Act, all documents
filed with the Registrar pursuant to the Act, including all correspondence
and notifications to or from the Registrar shall, subject to payment of
the prescribed fees, be open to inspection by an interested person during
office hours. Any interested person may request the Registrar to furnish
copies of any such documents subject to the payment of the prescribed
fee.
22
50. Office hours
[Section 22(4)]
(1) From Mondays to Fridays the Office will be open to the public from
08:00 to 15:00, except on the following days:
(a) All days which are public holidays in terms of section 1 of the Public
Holidays Act or which have been proclaimed public holidays in terms of
section 2 of that Act; and
(b)dayswhichmayfromtimetotimebenotifiedbytheRegistrarbydisplaying
a notice in a conspicuous place at the Office.
(2) Whenever the last day fixed by the Act or by these regulations for
doing anything shall fall on a day when the Office is not open to the
public it shall be lawful to do any such thing on the day next following
such excluded day or days if two or more of them occur consecutively.
51. Discretionary powers
[Section 47]
Where under these regulations any person is required to do any act or
thing or to sign any documents or to make any affidavit on behalf of himself
or of any body corporate or any document or evidence is required to be
produced to or left with the Registrar or at the Office and it is shown
to the satisfaction of the Registrar that for any reasonable cause such
person is unable to do such act or thing or to sign such document or make
such affidavit or that such document or evidence cannot be produced or
left as aforesaid, it shall be lawful for the Registrar and upon the
production of such other evidence and subject to such terms as he may
think fit, to dispense with any such act or thing, document, affidavit
or evidence.
52. Extension of time and condonation
[Section 45(3)]
(1) Any person interested in opposing a trade mark application may request
the Registrar, on written notice before the expiry of the term in which
to enter opposition to the application in terms of section 21, not to
issue the certificate of registration for a period of three months from
the date of expiry of the aforementioned term, and the Registrar shall
not do so.
(2) In the absence of an agreement between the parties the Registrar may,
upon application on notice in terms of section 45(3) and on good cause
shown, make an order extending or abridging any time prescribed by these
23
regulations or by an order of the Registrar or fixed by an order extending
or abridging any time for doing any act or taking any step in connection
with any proceedings of any nature whatsoever upon such terms as to him
seems meet.
(3) Any such extension may be ordered although the application is not
madeuntilaftertheexpiryofthetimeprescribedorfixed,andtheRegistrar,
when ordering any such extension, may make such order as to the recalling,
varying or cancelling of the results which flow from the terms of any
order or from these regulations.
(4) The registrar may, on good cause shown, condone any non-compliance
with these regulations.
(5) Where an extension has been agreed to between the parties, prior to
the filing of opposition, the Registrar shall be informed by the party
seeking the extension of the extension and the Registrar shall not issue
the certificate of registration within the agreed extended period.
53. Discovery, inspection and production of documents
(1) Any party to any proceedings before the Registrar may, at any time
before the hearing of the proceedings, deliver a notice to any party in
whose affidavits or sworn declarations reference is made to any document
or tape recording to produce such document or tape recording for his
inspection and to permit him to make a copy or transcription. Any party
failing to comply with such notice shall not, save with the leave of the
Registrar,usesuchdocumentortaperecordinginsuchproceedings:Provided
that any other party may use such document or tape recording.
(2) The provisions of the rules governing procedure in the Transvaal
ProvincialDivisionoftheSupremeCourtrelatingtodiscoveryshallmutatis
mutandis apply, in so far as the Registrar may direct, to opposed proceedings
before the Registrar.
54. Registrar’s written reasons and appeals
(1) When any person objects to any order or decision of the Registrar
he may apply on Form TM2, within three months of the date of the Registrar’s
order or decision, or such further time as the Registrar may allow, requiring
the Registrar to state in writing the grounds of his decision and the
data used by him in arriving at it. The date of such statements shall
be deemed to be the date of the Registrar’s order or decision for the
24
purpose of appeal.
(2) All written reasons for decisions and judgements of the Registrar
shall be published in the Patent Journal within three months from the
date of signing by the Registrar if the Registrar so directs.
55. Applications to and orders of the court
(1) Where an order has been made by the court in any matter under the
Act, the person in whose favour such order has been made or such one of
them, if more than one, as the Registrar may direct, shall forthwith leave
at the office a copy of such order. Thereupon, the register, if necessary,
shall be rectified or altered by the Registrar.
(2) Whenever an order is made by the court under the Act, the Registrar
may, if he thinks that such order should be made public, publish it in
the Patent Journal at the expense of the person in whose favour such order
has been made.
(3) Any addition to or alteration or correction of the register shall
be advertised by the Registrar (save where otherwise expressly provided)
once in the Patent Journal.
56. Certification marks
[Section 42]
(1) An application for the registration of a certification mark under
the provisions of section 42 of the Act shall be made on Form TM1 and
the provisions of regulations 11 to 14 shall mutatis mutandis apply to
such application.
(2) In further proceedings relating to an application for the registration
of a certification mark the provisions of regulation 15 shall mutatis
mutandis apply.
(3) The application for the registration of a certification mark shall
be accompanied by a statement by the applicant that he does not carry
on a trade in the goods or services in respect of which registration is
sought and by rules governing the use of the mark. The rules shall specify
the conditions for the use of the mark, the circumstances in which the
proprietor is to certify the goods or services and in respect of which
characteristics of the goods or services or other aspects referred to
in section 42(1) the applicant will certify the goods or services.
25
(4) The Registrar shall consider whether the requirements mentioned in
this regulation have been complied with. If, after such consideration,
the Registrar accepts the application for the mark he shall notify the
applicant accordingly, in writing, and thereafter the application shall
mutatis mutandis proceed as an ordinary application. If it appears to
the Registrar that those requirements are not met, he shall inform the
applicant accordingly, in writing, and thereafter the provisions of
regulation 15(4) shall mutatis mutandis apply.
(5) An application for the amendment of the rules of a registered
certification mark or the rules accompanying an application for the
registration of a certification mark shall be made on Form TM2. The amendment
sought shall be indicated by showing in square brackets all words that
are to be omitted; and by underlining all words that are to be added.
The applicant shall file a copy of the amended rules within one month
of the approval of the rules by the Registrar. If the applicant fails
to file a copy of the amended rules within the time stipulated, the
application for amendment shall be deemed to have been abandoned.
57. Collective marks
[Section 43]
(1) An application for the registration of a collective mark under the
provisions of section 43 of the Act shall be made on Form TM1 and the
provisions of regulations 11 to 14 shall mutatis mutandis apply to such
application.
(2) In further proceedings relating to an application for the registration
of a collective mark the provisions of regulation 15 shall mutatis mutandis
apply.
(3) An application for the registration of a collective mark shall be
accompanied by rules governing the use of the mark. The rules shall specify
the persons authorised to use the mark, the conditions of membership of
the association and, when applicable, the conditions of the use of the
mark, including any sanctions against misuse.
(4) The Registrar shall consider whether the requirements mentioned in
this regulation have been complied with. If, after such consideration,
the Registrar accepts the application for the mark he shall notify the
applicant accordingly, in writing, and thereafter the application shall
26
mutatis mutandis proceed as an ordinary application. If it appears to
the Registrar that those requirements are not met, he shall inform the
applicant accordingly, in writing, and thereafter the provisions of
regulation 15(4) shall mutatis mutandis apply.
(5) An application for the amendment of the rules of a registered collective
mark or the rules accompanying an application for the registration of
a collective mark shall be made on Form TM2. The amendment sought shall
be indicated by showing in square brackets all words that are to be omitted;
and by underlining all words that are to be added. A copy of the application
shall be sent to all persons authorised to use the mark. The applicant
shall file a copy of the amended rules within one month of the approval
of the rules by the Registrar. If the applicant fails to file the copy
of the amended rules within the time stipulated, the application for
amendment shall be deemed to have been abandoned.
58. Certificates
[Section 22]
(1) The Registrar, when required otherwise than under section 29 of the
Act to give a certificate as to any entry, matter or thing which he is
authorised by the Act or any of these regulations to make or do, may make
or do.
(2) The following certificates shall be issued in respect of matters set
out in the title to the forms enumerated:
Certificate of Assignment: Form O.4;
Certificate of Registration of Registered User: Form O.5;
Certificate of Change of Name: Form O.6;
Certificate of Extract from Register: Form O.7,
and the certificates may be amended as directed by the Registrar to meet
any contingency.
59. Authentication of affidavits executed outside the Republic for use
within the Republic
(1) Any affidavit executed in any place outside the Republic shall be
deemed to be sufficiently authenticated for the purposes of use in the
Republic if it is duly authenticated at such foreign place by the signature
and seal of office of a notary public.
(2) Notwithstanding anything in this regulation contained, the Registrar
may accept as sufficiently authenticated any affidavit which is shown
27
to the satisfaction of the Registrar to have been actually signed by the
person purporting to have signed such affidavit.
(3) No document required to be filed with the Registrar in terms of these
regulations shall be required to be authenticated unless the Registrar
specifically otherwise directs in any particular instance.
60.
These regulations shall be called the Trade Mark Regulations, 1995, and
shall come into operation on 1 May 1995.
28
Schedule 1 FEES
The following fees shall be paid in connection with applications,
registrations and other matters under the Act. Such fees must in all cases
be paid before or at the time of doing the matter in respect of which
they are to be paid: Item No.
Description Correspond ing forms
Fees R
Application for registration of- (i) a trade mark for a specification of goods/services included in one class (sections 9, 14, 16 and 63 - regulation 11)
TM1 590.00
(ii) a honest concurrent user for a specificationofgoods/servicesincludedin one class (section 14 - regulation 17)
TM1 310.00
(iii) a certification mark for a specificationofgoods/servicesincludedin one class (section 42 - regulation 56)
TM1 310.00
1.
(iv) a collective mark for a specification of goods/services included in one class (section 43 - regulation 57)
TM1 310.00
Applications, notifications or request to the Registrar: (a) Request for advertisement [section 8 - regulation 9(3)]
TM2 90.00
(b) Request for statement of a decision [section 16(4) - regulation 54(1)]
TM2 363.00
(c) Application to dissolve association between a registered trade mark and another registered trade mark [section 30(5) - regulation 22(2)] for each entry
TM2 48.00
(d) Application for alteration of address or address for service [sections 23, 46(1) or 66(3) - regulation 8] for each entry
TM2 19.00
(e) Application for correction of clerical error or for permission to amend application or document [sections 16(5), 23 or 46(1) - regulations 44 and 56(5)] for each mark
TM2 19.00
(f) Application to enter change of name or description of applicant, registered proprietor or registered user (section 23 - regulation 44) for each mark
TM2 19.00
(g) Application to cancel entry on register (section 23 - regulation 44) for each mark
TM2 19.00
(h) Request to strike out goods/services (section 23 - regulation 44) for each mark
TM2 19.00
(i) Request to enter disclaimer or memorandum (section 23 - regulation 44) for each mark
TM2 26.00
2.
(j) Application to add or alter a trade mark [section 25(1) - regulation 45] for each mark registered
TM2 100.00
29
(k) Request for search (regulation 47) for each mark per class
TM2 190.00
(l) Notification of application to Court [section 55 - regulation 3(2)]
- -
(m) Request for information (CAVEAT) as to future proceedings [regulation 48(1)) for each mark
TM2 100.00
(n) Application for the certificate of the Registrar with reference to the proposed assignment of a trade mark [section 39(6) - regulation 37]
TM2 48.00
(o) Notice of payment of hearing fee [regulation 19(3)(f)]
TM2 261.00
(p) Application for certificate [section 22(5) - regulation 58(1)]
TM2 34.00
(q) Any other applications, notifications or request not provided for [regulation 3(2)]
TM2 26.00
3. Notice of opposition/rectification (sections 21, 24, 26 and 27 - regulation 19)
TM3 260.00
4. Notice of intention to defend (sections 21, 24, 26 and 27 - regulation 19)
TM4 48.00
Renewal of registration (sections 11 and 37 - regulations 25, 26 and 27): (i) For an ordinary registration TM5 260.00 (ii) For a honest concurrent user registration
TM5 260.00
(iii) For a certification mark TM5 260.00 (iv) For a collective mark TM5 260.00 Additional fee within one month of the date of expiration
48.00
5.
Additional fee for restoration of trade mark removed for non-payment of renewal fees
145.00
Application to record a transaction affecting the rights in a trade mark assignment, transmission, hypothecation or attachment (sections 39, 40, 41 and 46 - regulations 31, 33, 38 and 43): For first mark TM6 150.00 For each additional mark TM6 26.00
6.
Penalties for late registration of cession or transmission of a registered mark - for each period of 12 months or portion thereof
TM6 48.00
Application for- (i) registration of registered user [section 38(6) - regulation 39]: For the first mark TM7 150.00 For each additional mark TM7 26.00 (ii) variation of the registration of a registered user entry (section 38(8)(a) - regulation 41)
TM7 60.00
(iii) cancellation of entry of a registered user [section 38(8)(a) - regulation 41]
TM7 60.00
7.
(iv) maintenance of a registered user entry [section 38(8)(b) - regulation 42]
TM7 60.00
30
8. For leave to make copies of documents in respect of each application or registered mark
1.00
9. For inspecting register, file or document 4.00 10. For collating documents for certification
- for every 100 words or part thereof 4.00
11. For photocopy of any document, per page (regulation 49)
1.00
12. Certification of extracts from register or documents - (per document)
24.00
13. Upon each entry in the register of a mark or a note that the mark is associated with a newly registered mark
5.00
31
Schedule 2 TRADE MARK FORMS (omitted)
32
Schedule 3 LIST OF CLASSES OF GOODS AND SERVICES
[Schedule 3 substituted by GenN 211 of 15 February 2002]
Nice Classification: 7th Edition
GOODS
Class 1
Chemicals used in industry, science and photography, as well as in
agriculture, horticulture and forestry; unprocessed artificial resins,
unprocessed plastics; manures; fire-extinguishing compositions;
tempering and soldering preparations; chemical substances for preserving
foodstuffs; tanning substances, adhesives used in industry.
Class 2
Paints, varnishes, lacquers, preservatives against rust and against
deterioration of wood; colourants; mordants; raw natural resins; metals
in foil and powder form for painters, decorators, printers and artists.
Class 3
Bleaching preparations and other substances for laundry use; cleaning,
polishing, scouring and abrasive preparations; soaps; perfumery,
essential oils, cosmetics, hair lotions; dentifrices.
Class 4
Industrial oils and greases; lubricants; dust absorbing, wetting and
binding compositions; fuels (including motor spirit) and illuminants;
candles, wicks.
Class 5
Pharmaceutical,veterinaryandsanitarypreparations;dietetic substances
adaptedformedicaluse,foodforbabies;plasters,materialsfordressings;
material for stopping teeth, dental wax; disinfectants; preparations for
destroying vermin; fungicides, herbicides.
Class 6
Common metals and their alloys; metal building materials; transportable
buildings of metal; materials of metal for railway tracks; non-electric
cables and wires of common metal; ironmongery, small items of metal
hardware; pipes and tubes of metal; safes; goods of common metal not included
in other classes; ores.
Class 7
Machines and machine tools; motors and engines (except for land vehicles);
machine coupling and transmission components (except for land vehicles);
agricultural implements other than hand-operated, incubators for eggs.
Class 8
Hand tools and implements (hand operated); cutlery; side arms; razors.
33
Class 9
Scientific, nautical surveying, electric, photographic, cinematographic,
optical, weighing, measuring, signalling, checking (supervision),
life-saving and teaching apparatus and instruments; apparatus for
recording, transmission or reproduction of sound or images; magnetic data
carriers, recording discs; automatic vending machines and mechanisms for
coin-operated apparatus; cash registers, calculating machines, data
processing equipment and computers; fire-extinguishing apparatus.
Class 10
Surgical, medical, dental and veterinary apparatus and instruments,
artificial limbs, eyes and teeth; orthopaedic articles; suture materials.
Class 11
Apparatus for lighting, heating, steam generating, cooking, refrigerating,
drying, ventilating, water supply and sanitary purposes.
Class 12
Vehicles; apparatus for locomotion by land, air or water.
Class 13
Firearms; ammunition and projectiles; explosives; fireworks.
Class 14
Precious metals and their alloys and goods in precious metals or coated
therewith, not included in other classes; jewellery, precious stones;
horological and chronometric instruments.
Class 15
Musical instruments.
Class 16
Papers, cardboard and goods made from these materials, not included in
other classes; printed matter; bookbinding material; photographs;
stationery; adhesives for stationery or household purposes; artists’
materials; paint brushes; typewriters and office requisites (except
furniture); instructional and teaching material (except apparatus);
plastic materials for packaging (not included in other classes); playing
cards; printers’ type; printing blocks.
Class 17
Rubber, gutta-percha, gum, asbestos, mica and goods made from these
materials and not included in other classes; plastics in extruded form
for use in manufacture; packing, stopping and insulating materials;
flexible pipes, not of metal.
Class 18
Leather and imitations of leather, and goods made of these materials and
not included in other classes; animal skins, hides; trunks and travelling
bags; umbrellas, parasols and walking sticks; whips, harness and saddlery.
34
Class 19
Building materials (non-metallic); non-metallic rigid pipes for building;
asphalt, pitch and bitumen; non-metallic transportable buildings;
monuments, not of metal.
Class 20
Furniture, mirrors, picture frames; goods (not included in other classes)
of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell,
amber, mother-of-pearl, meerschaum and substitutes for all these materials,
or of plastics.
Class 21
Household or kitchen utensils and containers (not of precious metal or
coated therewith); combs and sponges; brushes (except paint brushes);
brush-making materials; articles for cleaning purposes; steelwool;
unworked or semi-worked glass (except glass used in building); glassware,
porcelain and earthenware not included in other classes.
Class 22
Ropes, strings, nets, tents, awnings, tarpaulins, sail, sacks and bags
(not included in other classes); padding and stuffing materials (except
of rubber or plastics); raw fibrous textile materials.
Class 23
Yarns and threads, for textile use.
Class 24
Textiles and textile goods, not included in other classes; bed and table
covers.
Class 25
Clothing, footwear, headgear.
Class 26
Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins
and needles; artificial flowers.
Class 27
Carpets, rugs, mats and matting, linoleum and other materials for covering
existing floors; wall hangings (non-textile).
Class 28
Games and playthings; gymnastic and sporting articles not included in
other classes; decorations for Christmas trees.
Class 29
Meat, fish, poultry and game; meat extracts; preserved, dried and cooked
fruits and vegetables; jellies, Jams, fruit sauces; eggs, milk and milk
products; edible oils and fats.
Class 30
Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour
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and preparations made from cereals, bread, pastry and confectionery, ices;
honey, treacle; yeast, baking powder; salt, mustard; vinegar, sauces
(condiments); spices; ice.
Class 31
Agricultural, horticultural and forestry products and grains not included
in other classes; live animals; fresh fruits and vegetables; seeds, natural
plants and flowers; foodstuffs for animals, malt.
Class 32
Beers; mineral and aerated waters and other non-alcoholic drinks; fruit
drinksandfruitjuices;syrupsandotherpreparationsformakingbeverages.
Class 33
Alcoholic beverages (except beers).
Class 34
Tobacco; smokers’ articles; matches.
SERVICES
Class 35
Advertising; business management; business administration; office
functions;offeringforsaleandthesaleofgoodsintheretailandwholesale
trade.
Class 36
Insurance, financial affairs; monetary affairs; real estate affairs.
Class 37
Building construction; repair; installation services.
Class 38
Telecommunications.
Class 39
Transport; packaging and storage of goods; travel arrangements.
Class 40
Treatment of materials.
Class 41
Education; providing of training; entertainment, sporting and cultural
activities.
Class 42
Scientific and technological services and research and design relating
thereto; industrial analysis and research services; design and development
of computer hardware and software; legal services.
Class 43
Services for providing food and drink; temporary accommodation.
Class 44
Medical services; veterinary services; hygienic and beauty care for human
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beings or animals; agriculture, horticulture and forestry services.
Class 45
Personal and social services rendered by others to meet the needs of
individuals; security services for the protection of property and
individuals.
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