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Trade Marks Journal No. 040/2010
Page No. xxii
2007 Circulars
Trade Marks (Amendment) Act 2007 (Act No. 3/2007) (Circular No. 7/2007, dated 14
February 2007)
The Trade Marks (Amendment) Act 2007 has been passed by Parliament on 22 January
2007 and has received Presidential assent on 1 February 2007.
Some of the key amendments include:
Provision for multiple class registration
Registration for trademarks is presently based on single classes. The amendments will now
allow for a multi-class registration. A multi-class registration allows for one single
application in multiple classes of goods and services to lead to one registration. Upon
registration, the registration is maintained as one, resulting in the need to renew only once
for the renewal to be effective for all the classes of goods and services registered.
Division of an application for registration
To complement a multiple-class system, it is now possible to divide a trademark application
into two or more applications. A trademark applicant may divide up his application into two
or more applications so that those classes of goods or services that do not face opposition
or objection can proceed to registration first. Division will therefore expedite trademark
registration where appropriate.
Relief Measures for Procedural Oversight
The Act also provides for relief measures to alleviate procedural mistakes by trademark
applicants, notably missed time limits. The relief measures provide the avenue for a
trademark applicant to maintain the rights in an application that has been filed, even when
time limits have been missed.
Registration of Licence of Pending Trademarks
The amendments will now allow for registration of licences relating to pending trademarks.
Prior to the amendments, only licences relating to registered trademarks can be recorded
on the register.
The Trade Marks (Amendment) Act 2007 will come into operation on a date to be notified.
A copy of the Trade Marks (Amendment) Act 2007 can be purchased at SNP Corporation
Ltd (www.snpcorp.com/webshop/).