Oppositions

Regulation 52 (1) provides that any person interested in opposing a trade mark may request the Registrar not to issue the registration certificate within a period of three months from the date of advertisement of the application in the Patent Journal.

Should you wish to oppose a trade mark, kindly refer to the provisions of Section 21 of the Trade Marks Act, read together with Regulation 19.

Please be sure to familiarise yourself with the provisions of Regulation 19 when entering into opposition proceedings.

Powers and jurisdiction of the Registrar

The Act provides that the Registrar shall, in connection with any proceedings before her/him have such powers and jurisdiction as that of a single judge in a civil action before the North Gauteng Division of the High Court of South Africa.

Procedure

Proceedings before the Registrar are essentially the same as application proceedings in the High Court. Where a matter before the Registrar cannot be properly decided on affidavit, he/ she may refer the matter to the High Court, or make such an order as is deemed just and expeditious.

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