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2. In the interpretation of these rules any words herein used, defined by “The Patents Proclamation, 1902,” or « The Patents (Amendment) Proclamation, 1902," shall have the meanings thereby assigned to them respectively.
3. When any person intends to appeal to the Attorney-General from the decision of the Commissioner in any case in which such appeal is given by “ The Patents Proclamation, 1902,” he shall, within one month from the date of the decision appealed against, file in the Patent Office a notice of such his intention.
4. Such notice shall state the nature of the decision appealed against, and whether the appeal is from the whole or part only, and, if so, what part of such decision, and shall be as far as possible in the form in the Schedule hereto. The proper revenue stamp denoting the fees prescribed by “The Patents Proclamation, 1902," shall be affixed to such form.
5. A copy of such notice of intention to appeal shall be sent by the party so intending to appeal to the Secretary to the Law Department, Pretoria ; and when there has been an opposition before the Commissioner, to the opponent or opponents; and when the Commissioner has refused to seal a patent on the ground that a previous application for a patent for the same invention is pending, to the prior applicant.
6. Upon notice of appeal being filed the Commissioner shall forthwith transmit to the Secretary to the Law Department all the papers relating to the matter of the application in respect of which such appeal is made.
7. No appeal shall be entertained of which notice is not given within one month from the date of the decision appealed against, or such further time as the Commissioner may allow, except by special leave on application to the Attorney-General.
8. Seven days' notice at least of the time and place appointed for the hearing of any appeal shall be given by the Secretary to the Law Department, unless special leave be given by the AttorneyGeneral that any shorter notice be given.
9. Such notice shall in all cases be given to the Commissioner and the applicant; and when there has been an opposition before the Commissioner, to the opponent or opponents; and when the
Commissioner has refused to seal a patent on the ground that an applicatior, for a patent for the same invention is pending, to the prior applicant.
10. The evidence used on appeal to the Attorney-General shall be the same as that used at the hearing before the Commissioner; and no further evidence shall be given save as to matters which have occurred or come to the knowledge of either party after the date of the decision appealed against, except with the leave of the Attorney-General upon application for that purpose.
11. The Attorney-General shall, at the request of either party, order the attendance at the hearing on appeal for the purpose of being cross-examined of any person who has made an affidavit in the matter to which the appeal relates, unless in the opinion of the Attorney-General there is good ground for not making such order.
12. Any person requiring the attendance of a witness for cross-examination shall tender to the witness whose attendance is required a reasonable sum for conduct money.
13. Where the Attorney-General orders that costs shall be paid br any party to another, he may fix the amount of such costs, and if he shall not think fit to fix the amount thereof he shall direct by whom, and in what manner, the amount of such costs shall be ascertained.
14. If any costs so ordered to be paid be not paid within fourteen days after the amount thereof has been so fixed or ascertained, or such shorter period as shall be directed by the Attorney-General, the party to whom such costs are to be paid may apply to the Attorney-General for an order for payment under the provisions of “ The Patents (Amendment) Proclamation, 1902.”
15. All documentary evidence required or allowed by the Attorney-General to be filed shall be subject to the same regulations in all respects as apply to the procedure before the Commissioner, and shall be filed in the Patent Office, unless the Attorney-General shall order to the contrary.
16. Any notice or other document required to be given to the Secretary to the Law Department under these Rules may be sent by a prepaid letter through the post.
FORM OF APPEAL TO ATTORNEY-GENERAL. | (a).......
of (a)... hereby give notice of my intention to appeal to the Attorney-General from (b).
of the Commissioner of the.. day of
.whereby he (c).. No. (d).. of the year 19.. ...(d). Signature.....
(a) Here insert name and full address of appellant.
the case may be.
against. (d) Insert number and year. N.B. -- This notice has to be sent to the Commissioner of Patents at the
Patent Office, Pretoria, and a copy of same to the Secretary to the
PART 3.-SPÈCIAL PROPERTY RIGHTS.
PROCLAMATION No. 22, 1902.
1. Law No. 6 of 1892, and so much of any other Law as may be repugnant to, or inconsistent with, the provisions of this Proclamation, are hereby repealed; but no such repeal shall affect anything duly done, or any right or privilege acquired, or any liability, penalty, or forfeiture incurred in respect of any such Laws.
2. (1) The Commissioner of Patents, who shall also be the Registrar of Trade Marks, and is hereinafter referred to as the Registrar, may, on application by or on behalf of any person claiming to be the proprietor of a trade mark, register the trade mark.
(2) The application must be made in the prescribed form and accompanied by the prescribed number of representations of the trade mark, and must state the particular goods or classes of goods in connection with which the applicant desires the trade mark to be registered
(3) The Registrar may, if he thinks fit, refuse to register a trade mark, but any such refusal shall be subject to appeal to the Court, which shall, if required, hear the applicant and the Registrar, and may make an order determining whether, and subject to what conditions, if any, registration is to be permitted.
(4) When an applicant for the registration of a trade mark is out of this Colony at the time of making the application, he shall give the Registrar an address for service in this Colony, and if he fails to do so the application shall not be proceeded with witil the address has been given.
(5) Where registration of a trade mark has not been, or shall not be, completed within twelve months from the date of the application by reason of default on the part of the applicant, the application shall be deemed to be abandoned.
3. For the purposes of this Proclamation a trade mark must consist of or contain at least one of the following essential particulars :
(a) a name of an individual or firm printed, impressed, or
woven in some particular and distinctive manner; or (b) a written signature, or copy of a written signature, of
the individual or firm applying for registration
thereof as a trade mark; or (c) a distinctive device, mark, brand, heading, label or
ticket; or (d) an invented word or invented words; or (e) a word or words having no reference to the character
or quality of the goods and not being a geographical name.
And there may be added to any one or more of these particulars any letters, words or figures, or combination of letters, words or figures, or any of them ; but the applicant for registration of any such additional matter must state in his application the essential particulars of the trade mark, and must disclaim in his application any right to the exclusive use of the added matter, and a copy of the statement and disclaimer shall be entered on the register. Provided as follows ::
(1) A person need not under this section disclaim his own
name or the foreign equivalent thereof, or his place of business, but no entry of any such name shall afiect the right of any owner of the same name to use that
name or the foreign equivalent thereof. (2) Any special and distinctive word or words, letter,
figure, or combination of letters or figures, or of letters and figures used as a trade mark before Law No. 6 of 1892 came into operation, may be registered as such under this Proclamation.