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商标实施细则1995(1995年4月21日第R578号政府公告,最新由2006年12月1日第R1180号政府公告修改), 南非

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详情 详情 版本年份 2006 日期 生效: 1995年5月1日 议定: 1995年4月21日 文本类型 实施规则/实施细则 主题 商标, 知识产权及相关法律的执行, 知识产权监管机构, 其他 商标实施细则1995(1995年4月21日第R578号政府公告,最新由2006年12月1日第R1180号政府公告修改)系根据商标法(1994年第194号)第8,11,23,43,66 和69条制定。
本实施细则第4条系根据商标法1993第11和69(2)条制定,涉及《商标注册用商品和服务国际分类尼斯协定》(尼斯协定)及其修正案。
第3附件(根据第4条制定)包含根据第7版商标注册用商品和服务国际分类的名单。

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主要文本 相关文本
主要文本 主要文本 英语 Trade Marks Regulations 1995 (GN R578 of April 21, 1995, as amended by GN R1180 of December 1, 2006)        
 Trade Marks Regulations 1993 (GN R578 in GG 16373 of April 21, 1995) as amended in 2006

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.

1

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

2

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

3

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.

4

(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.

5

(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

6

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

7

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

8

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.

9

(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.

10

(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.

11

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

12

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

13

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.

14

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.

15

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

16

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

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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

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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.

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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

36

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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