WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
0RGANIZACI0N MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects 
of Intellectual Property Rights IP /N/1/SWZ/T /1 
5 May 2004 
(04-2000) 
Original: English/ 
anglais/ 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND 
REGULATIONS NOTIFIED UNDER ARTICLE 63.2 
OF THE AGREEMENT 
SWAZILAND 
The present document reproduces the text1 of the Trade Marks Act No. 6 of 1981, as notified 
by Swaziland under Article 63.2 of the Agreement (see document IP/N/l/SWZ/1). 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
SWAZILAND 
Le present document contient le texte1 de la Loin° 6 de 1981 sur les marques de fabrique ou 
de commerce, notifiee par le Swaziland au titre de l'article 63:2 de l'Accord (voir le document 
IP/N/1/SWZ/1 ). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIP ALES LEYES Y REGLAMENTOS DEDICADOS A LA PRO PIEDAD 
INTELECTUAL NOTIFICADOS EN VIRTUD DEL PARRAFO 2 
DEL ARTICULO 63 DEL ACUERDO 
SW AZILANDIA 
En el presente documento se reproduce el texto1 de la Ley de Marcas de Fabrica y de 
Comercio, N° 6 de 1981, que Swazilandia ha notificado en virtud del parrafo 2 del articulo 63 del 
Acuerdo (vease el documento IP/N/l/SWZ/1). 
1 In English only./En anglais seulement./En ingles solamente. IP/N/1/SWZ/T/1 
Page 2 
THE TRADE MARKS ACT, 198 l 
(Act No. 6 of 1981) 
AN ACT 
entitled I ASSENT 
SOBHUZA II 
King of Swaziland 
28th April, 1981 
An Acf to provide for the registration and protection of trade marks for goods and 
services and for other purposes incidental thereto. 
ENACTED by the King and the Parliament of Swaziland. 
Arrangement of Sections 
Section. PART I 
PRELIMINARY 
I. Short title, commencement and application. 
2. Interpretation. 
PART II 
ADMINISTRATION, THE REGISTER, FUNCTIONS 
AND POWERS OF THE REGISTRAR, FEES 
AND POWERS OF TIIE MINISTER 
3. Establishment of Trade Marks Office. 
4. Officers. 
5. Sear.of Trade Marks O.ffu:e. 
6. Register of Trade Marks. 
7. Evidence. 
8. Hearing before exercise of discretion. 
9. Proceedings before Registrar. 
10. Oaths and affirmation. 
11. Power to Award Costs. 
12. F~s. 
13. Publication in the Gazette. 
14. Regulations. PART III IP/N/1/SWZ/T/1 
Page 3 
ACQUISITION OF THE EXCLUSIVE RIGHT TO A 
TRADE MARK 
15. Acquisition of the Exclusive Right. 
16. Ciassifi:cation of Registration. 
PART IV 
REQUIREMENTS FOR REGISTRATION 
17. Distinctiveness. 
18. Effect of limitation or absence of colour. 
19. Disclaimer. 
20. Prohibition of registration. 
PART V 
APPLICATION PROCEDURE, EXAMINATION, OPPOSITION 
AND REGISTRATION 
21. Application for registration of trade mark. 
22. Priority under the Convention. 
23. Information as to Foreign Application. 
24. Joint Proprietors.. 
25. Registration of parts and of series of trade marks. 
26. Examination. 
27. Opposition. 
28. Registration. 
PART YI 
DURATION AND RENEWAL OF REGISTRATION 
29. Term of Registration and Renewal. 
PART VIl 
EFFECT OF REGISTRATION, INFRINGEMENT 
A1'..1D UNLAWFUL ACTS 
30. Unregistered Trade Mark. 
_31. Exclusive R1ght. 
32. Infringement. 
33. Right to continue use. 
34. Bona Fide Use of Name or Description and Removal on grounds of non-use. 
35. Power of Registrar to permit amendment of application, etc. 
36. Alteration of registered trade mark. 
37. Rectification. 
38. Fraud in the Registration, Renewal, Assignment or Transmission. 
39. Breach of condition. 
40. Correction nf the Register. IP/N/1/SWZ/T/1 
Page4 
PART VIII 
ASSIGNMENTS AND TRANSlYfTSSIONS 
41. Assignme11ts and transmis~ions. 
PART IX 
REGISTERED USERS 
42. Registered Users. 
43. Registration of Registered User. 
44. Guarantee of control. 
45. Approval of licence cont,acts. 
46. Variation and Car.cellation. 
47. Prohibition of assignments and sub-licences. 
PART X 
APPEALS AND LEGAL PROCEEDINGS 
48. Appeals. 
49. Reference to the I-1igh Court by Registrar. 
50. Validity of Registration. 
51. Certification of Validity. 
52. Registrar's Right to Appear. 
53. Court's Power of Review. 
54. Court's Discretion. 
PART XI 
OFFENCES & PENALTIES 
55. Falsification of Entries on Regis'..cr. 
56. Falsely representing a Trade Mark as Registered. 
57. Deceiving the Registrar or other officer. 
58. Penalties. 
PART XII 
TRANSITIONAL AND OTHER PROVISIONS 
59. Reclassification of existing trade marks. 
60. Validity of Existing Registration. 
61. Pending applications, Proceedings, etc. 
62. Registration of Trade Marks Agents. 
63. Disapplication of Patents, Designs & Trade Marks Act, 1936. 
PART I 
PRELIMINARY 
Short title, commencement and application. 
1. (1) This Act may be cited as the Trade Marks Act, 1981 2.Dd sha11 come into operation 
on such date as the Minister may, by Notice in the Gazette, apppoint. IP/N/1/SWZ/T/l 
Page 5 
(2) Save as otherwise provided this Act shall apply to all trade marks, whether regi­
stered before or after the commencement of this Act. 
Interpretation. 
Jn this Act, unless the context otherwise requires -­
"assignment" means transfer by act of the parties concerned; 
"Convention" means the Paris Convention for the Protection of Industrial Property 
of March 20, 1883, and any revisions thereof to which the Government of Swaziland 
is or may become a party; 
"international classification" means the classification according to the Nice Agree­
ment Concerning the International Classification of Goods and Sen,ices for the Pur­
poses of the Registration of Trade Marks, of June 15, 1957, as revised from time to 
time; 
-'limitations" means any limitations of the exclusive right to the use of a trade mark 
given by the registration of a person as proprietor thereof, including limitations of 
that right as to the mode of use, as to use in relation to goods or services to be sold or 
otherwise traded in any p1ace in Swaziland or as to use in relation to goods or services 
to be exported to any market outside Swaziland ; 
"Minister" means the Minister responsible for Justice; 
"pending trade mark" means a trade mark which is the subject of an application for 
registration; 
"Register'' means the Register of Trade Marks kept under the provisions of this Act; 
"registered trade mark" means a trade mark which is actually on the Register; 
"registered user" means a person who is registered as such under section 42; 
"Registrar" means the Registrar of Trade Marks appointed under section 4; 
"Regulations" means Regulations made under section 14; 
"trade mark" means any visible sign used or proposed to be used upon, in connection 
with or in relation to goods or services for the purpose of distinguishing in the course 
of trade or business the goods or services of a person from those of another; 
"Trade Marks Office" means the Trade Marks Office established under section 3; 
"transmission" means transfer by operation of law, devolution o.n the personal repre­
sent::ttive of a deceased person and any other mode of transfer not being an assignment; 
"use of a trade mark'' means, subject to section 29 and 30, use thereof in relation to 
goods or services in a printed or other visible representation; 
"visibJe sign" rnea-ns any sign which is capable of _graphic reproduction including a 
word, name, brand, device, heading, label, ticket, signature, letter, number, relief, 
stamp, seal, vignette, emblem, or any combination thereof. 
PART II 
/i..DMI1'.'1STRA,TION, THE REGISTER, FUNCTIONS AND POWERS 
OF THE REGISTRAR, FEES AND POWERS OF THE MINISTER 
Establishment of Trade Marks Office. 
3. There shall be established under the direction of the Minister an office to be called the 
Trade Marks Office. 
Officers. 
4. Tne 11:inister shall appoint -
(a) a Registrar of Trade Marks who shall exercise the powers and perform the 
duties assigned to the Registrar by this Act and who shall be responsible for jts 
acL.imnistration; IP/N/1/SWZ/T/1 
Page 6 
(b) a Deputy Registrar of Trade Marks who shall, subject to the direction of the 
Registrar, have all the poVvers conferred by this Act on the Registrar; 
(c) such 0ther officers as may he necessary for carrying out the provisions of this 
Act. 
Sea.I of Trade 1\farks Office. 
5. The Registrar of Trade Marks shall maintain a seal \.vhich shall be affixed to certificates 
and other documents as required by this Act. 
Register of Trade ~Marks. 
6; (1) There shall be kept at the Trade Marks Office a record called the Register of Trade 
Marks wherein shall be entered all registered trade m~rks together with -
(a) the names, addresses and trade or business descriptions of their proprietors; 
(b) notifications of assignments and transmissions; 
( c) the names and addresses of all registered users; 
(d) disclaimers, conditions and limitations; and 
(e) such other matters relating to registered trade marks as may be prescribed. 
(2) Subject to this Act, the Register shall, at all convenient times, be open to inspection 
by the public, and certified copies of any entry in the Register shall be given to any person 
requiring them on payment of the prescribed fee. 
Evidence. 
7. (1) A certificate sealed and signed by the Registrar and certifying that any entry which 
he is required or authorised by or under this Act to make has or has not been made, 
or that any 0ther act which he is so required or authorized to perform has or has 
not been done, shall be prima facie evidence of the matters contained therein. 
(2) A copy of any entry in the Register or of any document kept in the Trade Marks 
Office or of any trade mark or an extract from any such Register or document, certified by 
the Registrar and sealed, shall be admissible in evidence without further proof and without 
production of the original. 
Hearing before exercise of discretion. 
8. Where any discretionary or other power is given to the Registrar by this Act or the 
Regulations, he shall not exercise that power adversely to the applicant for registration, the 
registered proprietor of the trade mark in question or a person having given notice of opposi­
tion without (if duly requested so to do within the prescribed time) giving to the app1icant or 
the registered proprietor or a person having given notice of opposition, as the case may be, 
an opportunity of being heard. 
Proceedings before Registrar. 
9. Subject to section 10, evidence in any proceedings before the Registrar under this Act 
shall be given by affidavit, but the Registrar may, if he thinks fit in any particular case, take 
oral evidence on oath in lieu of or in addition to such evidence and may allow any witness to 
be cross-exc.mined on his affidavit or o::al evidence. 
Oaths and Affirmation. 
10. Any person who is required under this Act to take 2.ny oath or to swear an affidavit 
may, in lieu thereof, make an affirmation or declaration in accordance with the law relating to 
affi.nnations or declarations in Swaziland. IP/N/1/SWZ/T/1 
Page 7 
Power to Award Costs. 
11. In all proceedings before the Registrar under this Act, the Registrar shall have the power 
to award to any party such costs as h.e may consider reasonable and to direct ho·s :rnd by 
which p.arties they are to be paid, and any such awud may be enforced in the same manner 
as a judgement or order of the High Court. 
Fees. 
12. \Vhere under this Act or the Regulations -
(a') a fee is p:iyable in respect of the performance of any act by the Registrar, the 
Registrar shall not perform that act until the fee has been paid; or 
(b) a fee is payable in respect of the doing of any act by any person other than the 
Registrar, the act shall be deemed not to have been done until the fee has been 
paid; or 
(c) a fee is payable in respect of the Jodging of a document, .the document sh81] be 
deemed not to 1Jave been lodged until the fee bas teen paid. 
Pubficatfon in the Gazette. 
13. Anything required to be published under this Act or the: Regulations shall be published 
in the Gazette. 
Regulations. 
14. (1) The Minister may make Regniations, not inconsistent with this Act, prescnbmg 
anything which under this Act is to be prescribed and generally for the better carrying out of 
the objects and purposes of this Act or to give force or effect to its provisions or for its better 
administration. 
(2) Without prejudice to the generality of subsection ( 1 ), Regulations made by the 
Minister may provide for -
(a) regulating the practice under this Act, including the service of documents: 
(b) making or requiring copies of trade marks and other documents; 
(c) regulating the publishing and selling or distributing of copies of trade marks 
and other documents; 
(d) the fees which shall be payable in respect of any application, registration or any 
other matter under this Act. 
PART III 
ACQUISIT10N OF THE EXCLUSIVE RIGHT TO A TRADE MARK 
Acquisition of the Exclusive Rjght. 
15. (1) The exclusive right to the use of a trade mark, as defined in section 29, shall be 
acquired by registration in accordance with thi,s Act. 
(2) Registration of a trnde mark shall only be granted to a person ·who has fulfilled the 
conditions for registration. 
Classification of Registration. 
16. Trade Marks shall .be registered in respect of p:irticular goods or services in one or 
more classes of the International Classification and any question arising as to the class 
within which any goods or services fall shall be determined by the Registrar, whose decision 
shall be fu-ial and shall not be questioned in any Court. IP /N/1/SWZ/T /1 
Page 8 
PART IV 
REQUIREMENTS FOR REGISTRATION 
Distinctiveness. 
17. (]) In order for a trade mark to be registrable it shall be of a distinctive character. 
(2) For the purpose of subsection (1) a trade mark shall be deemed to be of a distinctive 
character if it is cap.abJe, in relation to the goods or services in respect of which it is registered 
or proposed to be registered, of distinguishing goods or services with which its proprietor is 
or may be connected in the course of trade or bus-iness from goods or services in the case of 
which no such connection subsists, either generally or, where the trade mark is registered or 
proposed to be registered subject to limitations in relation to use within the extent of the re­
gistration. 
(3) In determining under subsection (2) whether a trade mark is-capable of distinguish­
ing the goods or services in question regard shall be had to the extent to which-
(a) the trade mark is inherently capable of distinguishing such goods or services; 
(b) by reason of the use of the trade mark or of any other circumstances, the trade 
mark is, in fact, capable of distinguishing such goods or services. 
Effect of limitation or absence of colour. 
18. (1) A trade mark may be limited in whole or in part to one or more specified colours, 
and in any such case the fact that it is so limited shall be taken into consideration in deciding 
on the distinctive character of the trade mark. 
(2) If and so far as a trade mark is registered without limitation of colour, it shall be 
deemed to be registered for all colours. 
Disclaimer. 
19. If a trade mark contains matter common to the trade or otherwise of a non-distinctive 
character, in deciding whether the trade mark shall be registered or, if already registered, shall 
remain on the Register, it may be required as a condition of its being registered or remaining 
on the Register -
(a) that the applicant or the proprietor shall disclaim any right to the exclusive use 
of any part -Of the trade mark, or to the exclusive use of all or any portion of 
such trade mark as aforesaid_, to the exclusive use of which he is not entitled; or 
(b) that the applicant or the proprietor shall make such other disclaimer as is 
considered necessary for the purposes of defining his rights under the registra­
tion, provided that no disc1aimer on the Register shall affect any rights of 
the proprietor of a trade mark except such as arise out of the registration of 
the trade mark in respect of which the disclaimer is made. 
Prohibition of Registration. 
20. The following shall not be registrable -
(a) trade marks the use of which would be contrary to law or morality or which 
would be likely to deceive or cause confusion as to the nature, geographical or 
other origin, manufacturing process, characteristics, or suitability for their 
purpose, of the goods or services concerned; IP/N/1/SWZ/T/1 
Page 9 
(b) tra·de marks which consist solely of the shape, configuration or colour of the 
goods or the containers thereof; 
(c) trade marks which are identical with, or imitate the armorial bearings, flags 
and other emblems, initials, names or abbreviations or initials of the name, or 
official sign or hallmark of any State or of any intergovernmental international 
organization or of any organization created by an international convention, 
unless authorized by the competent authority of that State or international 
organization; 
(d) trade marks which constitute reproductions, in whole or in part, imitations 
translations or transcriptions, liable to create confusion, of trade marks or 
business or company names which are well kno\VD in Swaziland and belong to 
third parties. 
PART V 
APPLICATION PROCEDURE, EX.A.MINATION, OPPOSITION AN""D 
REGISTRATION 
Application for registration of trade mark. 
21. (1) Any person who or whose proposed registered user uses or proposes to use a trade 
mark may apply for the registration of the trade mark. 
(2J The application shall be made in writing to the Registrar as prescribed and shall 
include:-
(a) the name and address of the applicant; 
(b) the trade or business description of the applicant; 
(c) a reproduction of the trade mark; 
(d) the particular goods or services in respect of which registration of the trade 
mark is applied for, listed under the applicable classes of the International 
Classification; 
(e) an address for service within Swaziland, accompanied by a power of attorney in 
favour of a trade mark agent resident anci{ractising in Swaziland; 
(f) a declaration that the applicant or his proposed registered user is using or 
· proposes to use the trade mark in Swaziland. 
Priority under the Convention. 
22. (1) Any person who has applied for protection for any trade mark in a country to 
which the Convention applies or his legal representative or assignee (if such assignee is also so 
qualified), shall be entitled to claim the benefit of that earlier application and its registration 
date in Swaziland shall be deemed to be the same date as the date of the application in that 
other country, provided that the application for registration is made within six months from 
the date of the earlier application. 
(2) \Vhere applications have been made for the registration of a trade mark in two or 
more countries to which the Convention applies the period of six months referred to in sub­
section (1) shall be reckoned from the date on which the earlier or earliest of those applicati­
ons was made. 
(3) The application for the registration of a trade mark under this section shall be 
made in the same manner as is required in the case of an application under this Act subject to 
such other requirements as may be prescribed. IP/N/1/SWZ/T/1 
Page 10 
Information as to Foreig-n Application. 
23. (1) The applicant shall, at the request of the Registrar, furnish him within the prescri­
bed time limit, with the date and number of any application for a trade mark or registration 
filed with a national industrial property office of another country or with a regional industrial 
property office having comparable requirements for registration (in this Act referred to as 
"a foreign application" or "a foreign registration") relating to the same or essentially the same 
trade mark as that in the application filed with the registrar. 
(2) The applicant :shall, at tb.e request of the Registrar, furnish him within the prescri­
bed time limit with the following documents relating to one or more of th~ foreign applicat­
ions o_r registrations ref erred to in subsection (1) -
(a) a copy of any communication received by the applicant concerning the resuits 
of any search or examination carried out in respect of the foreign application; 
(b) a copy of the trade mark as registered; 
(c) a copy of any final decision rejecting the foreign application or refusing the 
registration requested in the foreign applicatjon or invalidating the foreign 
registr9--tion. 
(3) The documents furnished under this section shall be used solely for the purpose of 
facilitating the examination of the application filed with the Registrar or of the registration 
entered in the Register on the basis of that application.' 
(4) The applicant shall have the right to submit comments on the documents furnished 
under this section. 
Joint Proprietors. 
24. (1) 'Where the relations between two or more persons interested in a trade mark are 
such that no one of them is entitled as between himself and the other or others to use it except-
(a) on behalf of both or all of them; or 
(b} in relation to an article or service with which both or all of them are connected 
in the course of trade or business; 
those persons may be registered as joint proprietors of the trade mark, and.this Act shall 
have e.ff ect in relation to any rights to use of the trade mark vested in those persons as if 
those rights had been vested in a single person. 
(2) Subject to subsection (1), nothing in this Act shall be construed as authorizing the 
registration of a trade mark in respect of two or more persons who use a trade mark indepe­
ndently, or propose so to use it, as joint proprietors thereof. 
Reg-rstration of parts and of series of trade marks. 
25. (1) 'Where the proprietor of a trade mark claims to be entitled to the exclusive use of 
any part thereof separately, be may apply to register the whole and any such parts as separate 
trade marks and each separate trade mark shall satisfy all the conditions of ao independent 
trade mark and shall, if registered and subject to section 34(3)(d), have the validity and effect 
of an independrnt trade mark. 
(2) 'where a person claiming to be the proprietor of several trade marks, in respect of 
the same goods or services or closely related goods or services which, while resembling each 
other in the material particulars ,thereof, yet differ in respect of -
(a) statements of the goods or services in relation to which they are respectively 
used or proposed to be used or; (b) statements of Ii.umber, price, quality or names of places or; IP/N/1/SWZ/T/1 
Page 11 
(c) other matter of a non-distinctive -ehatacter which does not substantially affect 
the identity of the trade mark or; 
(d) colour; 
seeks to register those. trade marks, they may be registered as a series in one registration. 
Examination. 
26. (1) Upon the Rling of an application for registration and the·payment cif the prescribed 
fee, the Registrar shall cause an examination to be made as to---
(a) the application's conformity \\ith the formal requirements of this Act and the 
Regulations; and 
(b) whether the trade mark is registrable in accordance with Part IV and the Re­
gulations. 
(2) If upon the examination it appears that the applicant is entitled to the registration 
of his trade mark, the Registrar shall accept the application therefor and cause the trade 
mark to be advertised in the Gazette. 
(3) If upoh the examination the Registrar objects to the application, he shall notify 
the applicant in writing of the objections and shall allow him time, as prescribed, to submit 
his observations or to request a hearing and jf the applicant fails to pursue his application 
within the time allowed, he shall be deemed to have withdrawn his application. 
( 4) Where the Registrar under subsection (3) notifies the applicant of his objections, 
he may, follov..,ing representations by the applicant, accept the application subject to such 
amendments, modifications, conditions or limitations as be may think fit and if the applicant 
does not object to such conditional acceptance and amends his application accordingly, the 
Registrar shall cause the application to be advertised m the Gazette: 
Provided that the Registrar may cause an application to be advertised before accep­
tance in any case where be considers there are exceptional circumstances for so doing. 
(5) In the case of refusal of the application or conditional acceptance to which the 
applicant objects the Registrar shall, if required, advise the applicant in writing of the grounds 
of his decision including any documents relating thereto. 
Opposition. 
27. (I) Any person may, within the time prescribed from the date of the advertisement of 
an application, give notice to the Registrar of opposition to the registration, on the grounds 
that such application does not satisfy the requirements of Part IV. 
- ' 
(2) In addition to the grounds referred to in subsection (1) any of the following shall 
also constitute grounds for the purpose of opposition to the registration of a trade mark-
(a) where the trade mark resembles, in such a way as to be likely to deceive or 
cause confusion, an unregistered trade mark used earlier in Swaziland by a 
third party iri relation to the same goods or services or closely related goods or 
services., provided that an application for the registration of the ear1ier used 
unregistered trade mark is filed at the san:.e time as the notice of opposition; 
~~, 
(b) where the trade mark resembles, in such a way as to be likeJy to deceive or 
cause confusion, a business or company name already used in Swaziland by a 
third party; If>/1'f/1/S\'il.Z:/T'/1 
Page 12 
(c) where the trade mark is filed by the agent or the representative of a third party 
who is the proprietor of the trade mark in another country, without the autho­
rization of such proprietor, unless the agent or representative justifies his action. 
(3) The notice of opposition under this section shali be given in writing in the prescri­
bed manner and shall include a statement of the grounds of opposition. 
(4) Tne Re6istrar sha.ll send a copy of the notice to the applicant and, within the 
prescribed time after receipt thereof, the applic~nt shall submit to the Registrar, in the prescri­
bed manner, a counter-statement of the grounds on which he relies for his application, and if 
the applicant does not do so, he shall be deemed to have abandoned his application. 
(5) If the applicant submits a counter-statement as required by subsection (4), the Re­
gistrar shall furnish a copy thereof to the person giving notice of opposition, and shall, after 
hearing the parties if so required, arid considering the evidence, decide whether, and subject 
to what conditions or limitations, if any, registration is to be permitted. 
(6) On an appeal from any decision of the Registrar under this section the High Court 
may, after hearing the Registrar, permit the trade mark proposed to be registered to be 
modified in any manner not substantially affecting the identity thereof, but in any such case 
the trade mark as so modified shall be published in the Gazette before being registered. 
Registration. 
28. (1) When an application for registration of a trade mark has been accepted, and either­
(a) the application has not been opposed and the time for notice of opposition has 
expired; or 
(b) the application has been opposed and the opposition has been decided in 
favour of the applicant; 
the Registrar shall, unless the application has been accepted in error, register the trade rriark, 
and the trade mark, when registered, shall be registered as of the date on which the applica­
tion for registration was received, and that date shall be deemed, for the purposes of this Act, 
to be the date of registration: 
Provided that the provisions of this subsection relating to the date as on which a 
trade mark shall be registered and to the date to be deemed to be the date of registration shall 
as respects a trade mark registered under this Act with the benefit of priority under the 
Convention, have effect subject to the provisions of the Convention. 
(2) On the registration of a trade mark, the Registrar shall cause to be issued to the 
appli.cant a certificate of registration thereof in the prescribed form and every such registration 
shall be published in the Gazette. 
PART' VI 
DURAT'ION AND RENEWAL OF REGISTR..1\TION 
TErm of Registration and Renewal. 
29. (1) The registration of a trade mark shall be for a period of ten years from the date of 
registration but may be renewed from time to time in accordance with this section. 
(2) Subject to subsection (4), the Registrar shall, on application made by the registered 
proprietor of a trade mark in the prescribed manner and ·within the prescribed period, renew 
the registration of the trade ma-rk for a period of ten years from the date of expiration of the 
origin2.l registration or of the last renewal of registration which date is referred to in this 
section as "rhe expiration of the last registrati(,n", provided that the registered proprietor-IP /N/1 /SWZ/T /1 
Page 13 
(a) submits a statement confirming those goods or services covered by the registra­
tion in respect of which there has been bona fide use of the trade mark in 
Swaziland at any time during the three years immediately preceding the expira­
tion of the last registration, together wjth a reproduction of the trade mark 
which has been used as aforesaid; or 
(b) e:;tab-lished, to the satisfaction of the Registrar, that special circumstances 
prevented use of the trade mark in respect of any of the goods or services cove­
red by the registration during the said period and confirms that there has been 
no intention to abandon the trade mark in respect of those gcods or services; 
(3) For the purpose of subsection (2) -
(a) the use of the whole of a registered trade mark shall.be deemed to be equivalent 
to the use of any registered trade mark being a part thereof, registered in the 
name of the same proprietor by virtue of section 25(1); 
(b) where a trade mark has been used in relation to some, but not all, of the goods 
or services in respect of whlch it is registered, such use shall be deemed to be 
equivalent to the use of the trade mark in relation to all closely related goods or 
services in respect of which it is registered; 
(c) where a trade mark is applied to goods or services to he exported from Swazi­
land, such use shall be d.eero.ed to be equivalent to the use of the trade mark in 
relation to those goods or services in Swaziland; 
(d) the use of an associated registered trade mark, or of the trade mark with addi­
tions or alterations not substantially affecting its identity, may be accepted as 
an equivalent for the use of the trade mark. 
( 4) The renewal referred to in subsection (2) shall be effected in respect of all goods or 
services covered by subsection (2)(a) and (b) and subsection (3)(b). 
PART VII 
EFFECT OF REGISTR.A. TION, INFRINGEMENT & UNLAWFUL ACTS 
Unregistered Trade Mark. 
30. No person shall be entitled to institute any proceedings to prevent, or to reco-ver dama­
ges for, the infringement of an unregistered trade mark, but nothing in this Act shall be 
eerned to affect rights of action against any person for passing off goods or services as the 
the goods or services of a£1other person, or the remedies in respect thereof. 
Exclusive Right. 
31. Subject to this Act and any limitations or conditions entered in the Register, the regi­
stration of a trade mark shall, if valid, give or be deemed to have given the registered pro­
prietor thereof the exc}usive right to the use of the trade mark iD relation to the goods or 
services in respect of which it is registered, including sale, importation and offer for sale or 
importation. 
Infringement. 
32. (1) The exclusive right referred to in section 3] shall be deemed to be infringed by any 
person who, not being the proprietor of the trade mark or a registered user thereof using by 
way of the pennitted use, uses a sign either-IP/N/1/SWZ/T/1 
Page 14 
(a) ideaticai with or so nearly resembling it as to be likely to deceive or cause 
confusion, in the course of trade or busi1,ess, ii1 relatior. to any goods or services 
in respect of which it is registered or in relation to any closely related goods or 
services and in such manner as to render the use of the sign likely to be taken 
either -
or (i) as bein.g used as a trade mark or business or company name; or 
(ii) in a case in which the use is upon the goods or in physical relation 
thereto, or in relation to services, or in an advertising circular or other 
advertisement issued to the public, as importing a reference to some 
person having the right either as proprietor or as a registered user to 
use the trade mark, or to goods or services with which such person as 
aforesaid is connected in the course of trade or business; 
(b) identical with or nearly resembling it in the course of trade or business in any 
manner likely to impair the distinctive character or acquired reputation of the trade mark. 
(2) The exclusive right referred to in section 31 shall, subject to subsection (3), also be 
deemed to be infringed by any person who, not being the proprietor of the trade mark or a 
registered user thereof using by way of permitted use, does any of .the follmving acts in the 
course of trade in respect of goods purchased from the proprietor of the trade mark or a 
registered user -
(a) applying the trade mark upon the goods after they have under-gone alteration 
as respects their state or condition, get-up or packi:ng; 
(b) where the trade mark is upon the goods, altering or obliterating it, whether 
wholly or partly; 
(c) where the trade mark is upon the goods, and there is also thereo11 other matter, 
being matter indicating a connection in the course of trade between the pro­
prietor or registered user and the goods, removing or obliterating, whether 
wholly or partly, the trade mark unless that other matter is wholly removed or 
obliterated; 
(d) where the trade mark is upon the goods, applying any other trade mark to the 
goods or adding to the goods any .other matter in writing that is likely to injure 
the acquired reputation of the trade mark. 
(3) The exclusive right giveQ by registration under section 31 shall not be deemed to be 
infringed by the use of any such trade mark by any person -
(a) in relation to goods connected iD the course of trade \Vitb the proprietor or a 
registered user of the trade mark if, as to those goods or bulk of v,,hich they 
form a part, the proprietor or the registered user conforming to the permitted 
use has applied the trade mark and has not subsequently removed or obliterated 
it or has at any time expressly or impliedly consented to such use of the trade 
mark; or 
(b) in relation to goods adapted to form part of, or to be acces5ory to, other goods 
in relation to which the trade mark has been registered if the use of the trade 
mark is rea.~onably necessary in order to indicate that the goods are so adapted; 
or IP/N/1/SWZ/T/l 
Page 15 
in relation to goods which have been sold or offered for sale in Swaziland under 
the trade mark by the proprietoT or any associated company of tbe proprietor, 
v.ihereever incorporated, or v.·ith the proprietor's consent, unless the condition 
of the goods is modified or impaired after they hcive been sold er offered for 
sale. 
(4) For the purpose of this secticm, reference to tr:e use of a sigu by a person not being 
the proprietor thereof or a registered user using by way of the permitted use shall be construed 
as including reference to the audible use of a sign. 
Right to continue use. 
33. Nothing in this Act shall entitle the proprietor or a registered user of a registered trade 
mark to interfere with or restrain the use by any person of a trade mark identical with or 
· nearly resembling it, in relation to goods or services, in relation to which that person or his 
predecessor in title has continuously used that trade mark from a date anterior -
(a) to the use of the first-mentioned trade mark in relation to those goods or services 
by the proprietor or his predecessor in title; or 
(b) to the registration of the first-mentioned trade mark in respect of those goods 
or services in the name of the proprietor or his predecessor in title, whichever is 
the earlier, or to object (on such use being proved) to that person being put on 
the Register for that identical or nearly resembli11g trade mark in respect of the 
same or closely related goods or services. 
Bona Fide Use of Name or Description and Removal on grounds of non-use. 
34. 0) No registration of a trade mark shall interfere with -· 
(a) the bona fide use by ,my person of his own name or of the name of the geogra­
phical location of his business, or of the name of any of his predecessors in 
business; or 
(b} the use by any person of any bona fide description of the character or quality of 
his goods or services, not being a description that would be likely to be taken as 
importing any such reference as is mentioned in section 32(l)(a)(ii). 
(2) A registered trade mark may be removed from the Register in respect of any of the 
goods or services in respect of which it is registered on application by any aggrieved person to 
the Registrar on the ground that up to one month prior to the filing of the applicaticn a 
<.ontinuous period of three years or longer has elapsed during which the registered proprietor 
nas not used the trade mark in relation to those goods or services: 
Provided that failure to use the tui:: m~rk shall n0t be taken into account where -
(a) it is attributable solely to special cir.:::umstances preventing use of the trade 
mark and not to any intention to abandon or not to use the trade mark; or 
(b) the non-use is within five years from the date of the registration determined in 
accordance with section 28(1). 
(3) For the purposes of subsection (2J -
(a) the use of the whole of a registered trade mark shaJl be deemed to be equivalent 
to the use of any registered trade mark, being a part thereof, registered in the 
name of the same proprietor by virtue of section 25(1); IP/N/1/SWZ/T/1 
Page 16 
(b) where a trade mark has been used in relation to some, but not all, of the goods 
or services in respect of which it is registered, such use shall be deemed to be 
equivalent to the use of the trade mark in relation to all closely related goods or 
services in respect of which it is registered; 
(c) where a trade mark is applied to goods or services to be exported from the 
country, such use shall be deemed to be equiva1ent to the use of the trade mark 
in relation to those goods or services in Swaziland; 
(d) the use of the trade mark V..'rth additions or alterations not substantially affe::t-
ing its identity, may be accepted as z..n equivalent for the use of the traie mi..rk. 
Power of Registrar to permit amendment of application, etc. 
35. (1) The Registrar may at any time before registration of a trade mark permit the 
applicant to amend his application or any document relating to the application or proceedings 
before him on such terms as to costs as he may determine. 
(2) If rights in a trade mark which is the subject of a pending application have been 
lawfully acquired by any person (including a body incorporate) other than the applicant on or 
after tbe date of application, the Registrar may, if satisfied that it is proper to do so and on 
payment of the prescribed fee, permit the applicant or such other person to amend the appli­
cation by the substitution of the name of that other person as applicant for registration. 
Alteration of registered rrade mark. 
36. (1) The registered proprietor of a trade mark may, on payment of the prescribed fee 
and in the prescribed manner, apply to the Registrar for leave to add to or alter the trade 
mark in any manner not substantially affecting the character thereof. 
(2) An application under this section shall be published in the Gazette and sections 26, 
27 and 28 shall, mutatis mutandis, apply thereto. 
Rectification. 
37. Any person aggrieved by the non-insertion in or omission from the Register of an entry, 
or by any entry made in the Register without sufficient cause, or by any entry wrongly re­
maining on the Register, or by any error or defect in any entry in t.he Register,.may apply to 
the Registrar, and the Rcgjstrar may make such order for making, expunging or varying 
the entry as he may determine. 
Fraud in the Registration, Renewal, Assignment or Transmission. 
38. In case of fraud in the registration, renewal, assignment, or transmission of a registered 
trade mark, the Registrar may himself rectify the Register as he may determine. 
Breach of condition. 
39. The Registrar may make such order as he may think fit for expunging or varying the 
registration of a trade mark on the ground of any contravention of or failure to observe 
a condition entered on the Register in relation thereto. 
Correction of tht! Register. 
40. (1) The Registrar may, on application made in the prescribed manner by the registered 
proprietor -
(a) correct any error in'~the na..,.ue, address or description of the registered proprietor 
of a trade mark; IP/N/1/SWZ/T/1 
Page 17 
(b) enter any change in the name, address or description of the person who is re­
gistered as proprietor of a trade mark; 
(c) cancel the entry of a trade mark in the Register; 
(d) strike out a.ny goods or services from those in respect of which a trade mark is 
registered; 
(e) enter a disclaimer or memorandum relating to a trade mark which does not in 
any way extend the rights given by the existing registratio11 of the trade mark. 
(2) The Registrar may, on application made in the prescribed manner by a registered 
user of a trade mark, correct any error or enter any change in the name, address or description 
of the registered user. 
PART VIII 
ASSIGNMENTS AND TRANSMISSIONS 
Assignmell!s and ;ransmissions. 
41. (I) Notwitbst.andiog any law to the contrary, a pending trade mark or a registered 
trade mark shall be, and shaJJ be deemed always to have been, assignable and transmissib}e 
in respect either of all the goods or services in respect of which it is applied for, registered, or 
was registered as the case may be, or of some, but not all, of those goods or services. 
(2) An assignment or transmission shall, be invalid if the assignment or transmission is 
likely to deceive or cause confusion, particularly in regard to the nature, origin, manufactu­
ring process, characteristics, or suitability for their purpose, of the goods or services in rela­
tion to which the trade mark is intended to be used or is being used. 
(3) A person entitled by assignment or transmission to a pending trade mark or to a 
registered trade mark shall make application to the Registrar in the prescribed manner to 
register his title. 
( 4) On receipt of an application referred to in subsection (3) in respect of a registered 
trade mark, the Registrar shall cause the particulars of the assignment or transmission to be 
entered in the Register and where the app1ication is in respect of a pending trade mark, the 
particulars of the assignment or transmission shall be provisionally recorded; and, upon re­
gistration of the trade mark, shall be entered in the Register. 
(5) Assignrr.ents &:cd tran~rrj~~icns of r;ending trade marks or of registered trade 
narks shall haYe no effect against third parties until the particulars thereof are entered in the 
Register. 
(6) Subject to this Act, the person for the time being entered in the Register as pro­
prietor of a trade mark shall, subject to any rights appearing from the Register to be vested 
in any other person, have power to assign the trade mark and to give effectual receipts for any 
consideration for an assignment thereof. 
Regisit'.red Users. PART IX 
REGISTERED USERS 
42. (1) Subject to section 4.3., 44 and 45, a person other than tbe proprietor of a registered 
trade mark may be registered as a registered user there of in respect of all or any of the goods 
or serrices in respect of which it is registered. IP/N/1/SWZ/T/1 
Page 18 
(2} The use of a trade mark by a registered user thereof in relation to goods or services 
with which he is connected in the course of trade or business and in respect of which for the 
time being the trade mark remains registered; in compliance with any conditions or restrict­
ions to which his registration is subject, shall be permitted use of the trade mark. 
(3) The permitted use of a trade mark shall be deemed to be used by the proprietor -
thereof, .and shall be deemed not to be used by a person other than the proprietor. 
(4) Subject to any agreement subsisting between the parties, a registered user of a 
trade mark shall be entitled to request the proprietor thereof to take proceedings to prevent 
infringement thereof and, if the proprietor refuses or prevent infringement thereof and, 
if the proprietor refuses or neglects to do so Vi~thin two months after being so requested 
the registered user may institute proceedings for i nfiingement in his ov:n name as if he 
were the proprietor, joining the proprietor as a defendant. 
Registration of Registered User. 
43. (1) When it is proposed that a person be registered as a registered user of a trade mark 
an app}ication therefor shall be made in the prescribed manner iointly by the re_g-istered pro­
prietor and the proposed registered user who shall furnish the Registrar -
(a) either with informati.on that the proposed re5tsterd user is wholly controlled 
by the registered proprietor and that there is no other C)ntra::tual relationship 
between the parties, or with a copy of the licen::e c:rntra::t between the pinie:, 
and 
(b) with a statement containing -
(i) the identity or the registered trade mark; 
(ii) the name and address of the registered proprietor; 
(iii) the name and address of the proposed registered user; 
(iv) the goods or services in respect of which the registered user is proposed 
to be registered; 
(v) the restrictions on use, if any, by the proposed registered user; and 
(vi) the period of permitted use. 
(2) When the requirements of subsection (1) have been complied with and the Re­
gistrar, after considering the information furnished to him under that subsection, is satisfied 
that in all the circumstances the proposed use of the trade mark by the proposed registered 
user, subject to any conditions or restrictions ·which he thinks proper, would not be contrary 
to the public interest, be may register the proposed registered user as a registered user in 
respect of the goods or services as to which he is so satis,fied. 
Guarantee of cmzrrol. 
44. (]) A licence contract shall be inv:1lid in the absen:::c of re.Iatiom or stipulations between 
the registered proprietor of the trade mark and the proposed registcrd user, emurin_g effec­
tive control by the registered proprietor of the quality of the goods or scrvices of the proposed 
registered user in relation to which the trade mark is to be used. 
(2) In the absence of any provision to the comnry in the licence contract, the grant of 
a licence shall not prevent the registered proprietor from granting further licences to third 
parties or from using the trade mark himself. 
(3J The grant of an excllisive licence shall prevent the registered proprietor from grant 
ing further licences to third parties and from using the trade mark himself. IP /N/1/SWZ/T /1 
Page 19 
(4) In the absence of any provision to the contrary in the licence contract, the registe­
red user shall be entitled to use the trade mark during the whole duration of the registration, 
including renewals, in the entire geographical area. of Swaziland, and in respect of all the 
goods or services for which the trade mark is registered, subject to a11y conditions of limita­
tions entered in the Register. 
Approval of licence contracts. 
45. The Minister may, taking into account the national needs of Swaziland, its economic 
development and any other relevant factors by order, provide that, on pain of invalidity, 
licence contracts or any categories of them, and amendments or renewal of s~ch contracts, 
shall require his approval. 
·variation and Cancellation. 
46. Without prejudice to section 37, the registration of a person as a registered user -
(a) may be varied by the Registrar on the joint application in \\Titing in the pre­
scribed manner of the registered proprietor and the registered user who shall, 
in amending a previous registration of the licence contract, take into account 
the facts, procedures, Regulations, and any other requirements considered at 
the time of the previous registration of the licence contract between the regi­
stered proprietor and the then proposed registered user; 
(b) may be ca11ce1led by the Registrar on the joint app]jcation in writing in the 
prescribed manner of the registered· proprietor and the registered user. 
Prohibition of assignments and sub-licences. 
47. A licence shall not be assignable to a third party and the registered user shall not be 
entitled to grant sub-licences. 
PART X 
APPEALS AND LEGAL PROCEEDINGS 
Appeals. 
48. Except as otherwise provided in this Act, a person aggrieved by the decision of the 
<.egistrar may appeal therefrorn to the High Court (hereinafter referred to as "the Courf') 
and the High Court Rules shall apply to such appeal. 
Refere nee to the High Court by Registrar. 
49. When any matter to be decided by the Registrar under this Act appears to him to 
involve a point of law or to be of unusuai importance or complexity, he may, after giving 
notice to the persons concerned, refer such matter to the High Court for a decision and shall 
thereafter, in relation to such matter, act in accordance with the decision of the Court. 
Validity of Rt'gistration. 
50. Jn all legal proceedings reiating to a registered trade mark (including applications under 
section 37), the fact that a person is registered as proprietor of the trade mark shall be prirna 
facie evidence of the validity,of the original registration of the mark and of all subsequent 
assignments and transmissions tbereof. IP/N/1/SWZ/T/1 
Page20 
Certification of Validity. 
51. In any legal proceedings in which the validity of the registration of a registered trade 
mark comes into quest10n and is decided in favour of the proprietor of the trade mark the 
Court may cettify to that effect. 
Registrar's Right to Appear. 
52. (1) In any }egal proceedings in which the relief ·sought includes alteration or rectifi ca­
tion of the Register, the Registrar shall have the right to appear and be heard, and shall appear 
if so directed by the Court. 
(2) Unless otherwise directed by the Court, the Registrar, in lieu of appearing and 
being heard, may submit to the Court a statement in writing, signed by him, giving particulars 
of any proceedings before him in relation to the matter in issue or of the grounds of any deci­
sion given by him affecting it or of the practice of the Trade Marks Office in like cases or of 
such other matters relevant to the issues, and within his knowledge as Registrar, as he thinks 
fit, and the statement shall be deerried to form part of the evidence in the proceedings. 
Court's power of Review. 
53. The Court, in deaEng with any question of the rectification of the Register (including 
all applications under section 37), shall have power to review any decision of the Registrar 
relating to the entry in question or the correction sought to be made. 
Court's Discretion. 
54. In any appeal from a decision of the Registrar to the Court, the Court shall have and 
exercise the same discretionary powers as under this Act are conferred upon the Registrar. 
PART XI 
OFFENCES AND PENAL TIES 
Falsification of Entries on Register. 
55. Any person who makes or causes to be made a false entry in the Register, or a writing 
falsely purpoting to be a copy of an entry in the Register, or who produces or tenders in evi­
dence any such writing, knowing the entry or writing to be false, shall be guilty of an offence. 
Falsely representing a Trade Mark as Registered. 
56. Cl) Any person shall be guilty of an offence if he knowingly makes a representation 
(a) with respect to a trade m1rk not being a registered trade mark to the effect that 
!t is a registered trade mark; 
(b) with respect to a part of a registered trade mark not being a part separately 
registered as a trade mark to the effect that it is so registered; 
(c) to the effect that a registered trade mark is registered in respect of any goods or 
services in respect of which it is not registered; or 
(d) to the effect that the registratjon of a trade mark gives an exclusive right to the 
use thereof in any circumstances in which, having regard to iimitations entered 
in the Register, the registration does not give that right. 
(2) For the purposes of this section, the use in Swaz:iiand in relation to a trade ma,k of 
the word "registered" or the symbol R, or of any other word or symbol referring, ,vhether 
expressly or impliedly, to registra1:ion, shall be deemed to import a reference to a registration 
in the Register, except -IP/N/1/SWZ/T/1 
Page 21 
(a) where that word or symbol is used in physical association with other words 
delineated in characters at least as large as ttlose in which that wo rd or symbol 
is delineated and indicating that the reference is to registration as a trade mark 
under the law of a country outside Swaziland being a country under the Jaw of 
which the registration referred to is in fact in force; 
(b) ,vhere that word (being a word other than the word "registered") or symbol is 
of itself such as to indicate that the reference is to such registration as is referred 
to in paragraph (a); or 
(c) where that word or symbol is used in relation to a trade mark registered as a 
trade mark under the law of a country outside Swaziland and in relation to 
goods or services to be exported to that country; 
Deceh·ing the Registrar or orher Officer. 
(1) Any person who -
(a) for the purpose of deceiving the Registrar or any other Officer of the Trade 
Marks Office in the performance of any function under this Act; or 
(b) for the purpose of procuring or influencing the doing or omission of anything 
in relation to this Act or any matter thereunder; 
makes or submits a false statem-:nt or representation, whether orally or in writing, kn)wing 
the same to be false, shall be guilty of an offence. 
(2) Any person who has made a statement or representation whether orally or in wri­
ting, not knowing it to be false, for the purpt>se or procuring or influen(:ing the doing or 
omission of anything in relation to this Act or any matter there-under, shall advise the Re­
gistrar forthwith of such falsity on becoming aware of it and if he faiis to do so he shall be 
guilty of an offence; 
Penalties. 
58. Any person who is convicted of an offence under this Act shall be liable to a fine of 
E2000 or to imprisonment for six months or both. 
PART XII 
TRANSITIONAL AND OTHER PROVISIONS 
Reclassification of cxi 'Sting trade marks. 
59. Every trade mark ·which, on the commencement of this Act, is registered and classified 
under a classification other than the International Classification shall, upon application for 
the renev.'al thereof under section 29, be rec1assified in accordance with the International 
Classification. 
Validity of Existjng Registration. 
60. (1) Subject to this section, the validity of the original registration of any trade mark in 
the Register of Trade Marks existing at the commencement of this Act shall be determined in 
accordance with the law in force at the date of that registration, and any such trade mark shall 
retain its original date of registration but for all other purposes shall be deemed to have been 
registered under this Act. IP/N/1/SWZ/T/1 
Page 22 
(2) No trade mark which had been registered at the commencement of this Act shaD 
be removed from the Register on the ground that it was not registrable under the law in force 
at the date of its registration and the trade mark shall remain in force in Swaziland for the 
remainder of the unexpired period for which it was in force under the previous law. 
(3) Nothing in this Act shall be construed as invalidating the original registration of a 
trade mark which immediately before the commencement of this Act was validly registered. 
(4) Where a person is registered as a registered user of a trade mark on an applicatio:D 
made within one year from the commencement of this Act, section 42(3) shall have effect in 
relation to any previous use (whether before or after the commencement of this Act) of the 
trade mark by that person, being use in relation to the goods or services in respect of which 
he is registered and, where he is registered subject to conditions or restrictions, being use such 
as to comply substantiaUy therewith, as if that previous use had been permitted use. 
Pending applications, proceedings, etc. 
61. All applications for registration of trade marks and all other matters relating to trade 
marks which, on the commencement of this Act, are pending shall be governed by this Act 
and.as if they had been made or arisen, as the case may be. under this Act. 
Registration of Trade A1arks Agenrs. 
62. (1) Any person desirous of acting as an agent for an applicant, proprietor, registered 
user or other person concerned in any proceeding or matter before or affecting the Registrar 
under this Act and the Regulations, sha11 apply to the Registrar in the prescribed manner to 
be entered on the Register of Trade Marks Agents to be kept by the Registrar. 
(2) The qualifications for a person to be entered on the Register of Trade Marks 
Agents shall be as prescribed. 
Disapplication of Patents, Designs and Trade Marks Act, 1936. 
63. The Patents, Designs and Trade Marks Act, 1936, shal1, upon the commencement of 
this Act, cease to apply to trade marks.