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

The form used to notify the registrar of the intention to oppose is a Form TM 3 - a fee of R260.00 for each trade mark. A copy of the notice of intention to oppose must be served upon every interested party. An interested party may be a person who has a direct and substantial interest, whether proprietary or financial.

The applicant is required to appoint an address for service at which to accept the notice and other relevant documents. The respondent has to notify the applicant and the Registrar, in writing, whether he intends to defend the opposition. A date has to be set for the hearing of the opposition before the Registrar.

Regulation 19(2) (d): the applicant for registration of the mark is given one month to give notice that he intends to defend. Form TM 4 is used for this purpose - a fee of R48.00 for each trade mark.

Please be sure to familiarise yourself with the provisions of regulation 19 when entering into oppostion proceedings

Powers and jurisdiction of the Registrar

The Act provides that the Registrar shall in connection with any proceedings before him have such powers and jurisdiction as possessed by a single judge in a civil action the Transvaal Provincial Division of the High Court.

TM2 for Notice of payment for Hearing - a fee of R261.00

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 or she may refer the matter to the High Court or make such an order as is deemed just and expeditious.