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of the register, and may award damages to the party aggrieved. The Court may, in any proceeding under this section, decide any question as to whether a mark is or is not such a trade mark as is authorised to be registered under this Proclamation; also any question relating to the right of any person who is a party to such proceeding, to have his name entered on the register of trade marks, or to have the name of some other person removed from such register; also any other question that it may be necessary or expedient to decide for the rectification of the register. Whenever any order has been made rectifying the register, the Court shall, by its order, direct that due notice of such rectification be given to the Registrar.
17. The Registrar may, on request in writing accompanied by the prescribed fee
(a) Correct any clerical error in or in connection with an
(b) Correct any clerical error in the name, style or address,
(c) Cancel the entry or part of the entry of a trade
(d) Permit an applicant for registration of a trade mark to
Proc. No. 23 of 1902.
Power of Registrar to correct clerical
18. (1) The registered proprietor of any registered trade mark may apply to the Court for leave to add to or alter such mark in any particular, not being an essential particular within the meaning of this Proclamation, and the Court may refuse or grant such leave on such terms as it may think fit.
(2) Notice of any intended application to the Court under this section shall be given to the Registrar by the applicant, and the Registrar shall be entitled to be heard on the application.
(3) If the Court grants leave, the Registrar shall, on proof thereof, and on payment of the prescribed fee, cause the register to be altered in conformity with the order of leave.
Falsification of en
19. If any person makes or causes to be made a false entry tries in register. in the register of trade marks, or a writing falsely purporting to be a copy of an entry in any such register, or produces or tenders, or causes to be produced or tendered in evidence any such writing, knowing the entry or writing to be false, he shall be liable to imprisonment for a term not exceeding two years, with or without hard labour.
Alteration of registered mark.
20. (1) Any person who describes any trade mark applied to any article sold by him as registered which is not so, shall trade mark as regis
Penalty on falsely representing any
Proc. No. 23 of 1902.
Representatives may act for infant,
Effect of Registrar's certificate.
Protection of foreign trade marks.
be liable for every offence, on conviction before a Court of Resident Magistrate, to a fine not exceeding one hundred pounds sterling;
(2) A person shall be deemed for the purposes of this Proclamation to represent a trade mark as registered if he sells the article with the word "registered," or any word or words expressing or implying that registration has been obtained, stamped, engraved, or impressed on or otherwise applied to the article.
Exercise of discre
22. Where any discretionary power is by this Proclamation cretionary power by given to the Registrar, he shall not exercise that power adversely to the applicant for registration of a trade mark without (if so required within the prescribed time by the applicant) giving the applicant an opportunity of being heard personally or by his agent.
21. If any one is unable by reason of tender age or weakness of mind or other incapacity to make a declaration, or perform an act required or permitted by this Proclamation or by any rules made under it, then his guardians or curators, or failing these, a person appointed by the Court on the application of any one on behalf of such person, or on the application of anyone interested in the making such declaration or performing such act, may make such a declaration, or one as near as possible to the one prescribed, or do such act in the name and on behalf of such aforesaid person. All acts done by such representative shall, for the purposes of this Proclamation, be as effectual as if done by the person so represented.
23. The certificate of the Registrar as to any entry matter or thing which he is authorised by this Proclamation, or any general rules made thereunder, to make or do, shall be primá facie evidence of such entry having been made and of the contents thereof, and of such matters and things having been done or left undone.
24. (1) Any person who has applied for protection for any trade mark in a foreign country shall be entitled to registration of his trade mark under this Proclamation in priority to other applicants, provided that such application is made within six months from his applying for registration in such foreign country, and any such registration shall have the same date as the date of application in such foreign country.
(2) The use in this Colony, during the said period of six months, of the trade mark shall not invalidate the registration of the same.
(3) The application for the registration of a trade mark under this section must be made in the same manner as an ordinary application under this Proclamation, provided that any trade mark, the registration of which has been duly applied for in the country of origin, may be the subject of an application for registration under this Proclamation.
(4) Nothing in this section contained shall entitle the proprietor of a trade mark to recover damages for infringe
ments happening prior to the actual registration of his trade mark in this Colony.
* 25. The Registrar may from time to time, with the consent of the Governor, make, and when made alter, annul or vary such general rules as to the registry of trade marks, and as to notices to be given by advertisement before the registration of trade marks, and as to the classification of goods for the purposes of this Proclamation, and as to the registration of first and subsequent proprietors of trade marks, and as to the removal from the register of any trade mark, as to notices and as to the persons entitled to inspect the register, and as to the proceedings to be taken to obtain the judgment or leave of the Court in any matter in which the judgment or leave of the Court is required to be obtained under this Proclamation, and generally for the purpose of carrying into effect this Proclamation as he may deem expedient. Any rules made in pursuance of this section shall, on publication in the Gazette, have the force of law.
26. There shall be paid in respect of applications and registration, and other matters under this Proclamation, such fees as may be from time to time, with the consent of the Governor, prescribed by the Registrar, and such fees shall be levied and paid to the account of the Colonial Revenue in such manner as the Controller of the Treasury may from time to time direct.
28. For the purposes of this Proclamation—
"Prescribed " means prescribed by general rules made in
"Court" means the High Court of the Transvaal.
Foreign country" means any country, Colony or State
27. The Registrar may, in any case of doubt or difficulty arising in the administration of any of the provisions of this Adviser. Proclamation, apply to the Legal Adviser of the Transvaal Administration for directions in the matter.
means the officer for the time being administering the government of this Colony.
Proc. No. 23 of 1902.
Registrar may make general rules.
* Such Rules were made and published under Government Notice No. 180 of 1902 (Gazette 9th May, 1902, page 630).
Directions to Registrar from Legal
Definition of terms.
29. This Proclamation may be cited for all purposes as Short title. "The Trade Marks Registration Proclamation, 1902," and shall be of force and effect from and after the first day of May, 1902.
Proc. No. 26 of 1902.
Amendment of Law 5 of 1874.
Amendment of Pr. Tr. 12 of 1902.
By His Excellency the Administrator of the Transvaal.
(DATED 28TH APRIL, 1902.)
To amend the first and second Schedule to the "Stamp
1. So much of Section 12 of Law No. 5 of 1874, as requires payment of the sums of ten, twenty and thirty pounds as the case may be on the registration of Companies with limited liability, shall be and is hereby repealed; and the first Schedule of the "Stamp Duties Amendment Proclamation" shall be amended accordingly.
2. The second Schedule to the "Stamp Duties Amendment Proclamation, 1902," is hereby amended by inserting under the heading of "Exceptions from Stamp duty "in respect of receipts, the following exemptions:
(a) Receipt given for money deposited in a Bank, or with any Banker to be accounted for, and expressed to be received of the person to whom the same is to be accounted for.
(b) Acknowledgment by any Banker of the receipt of any Bill of Exchange or Promissory Note, for the purpose of being presented for acceptance or payment.
By His Excellency the Administrator of the Transvaal. (DATED 28TH APRIL, 1902.) To amend the Transfer Duty Proclamation, 1902.
Amendment of Pr.
1. Sub-section (2) of Section twenty-nine of the "Transfer Duty Proclamation, 1902 " is hereby repealed, and the following Tr. 8 of 1902. substituted in lieu thereof:
"No cession of any such lease as is mentioned in the preceding sub-section, made after the taking effect of this Proclamation, shall be of any force or effect against creditors or any subsequent bona fide purchasers thereof, unless such cession be registered in the registration office in which such lease is registered."
Proc. No. 27 of 1902.
2. For the purposes of Section seven of the "Transfer Duty Proclamation, 1902," no interest shall be deemed to accrue in respect of the period between the first day of October, 1899, and the opening of the Registration offices, to wit, the 20th of May next.