Merchandise Marks Act, 1941 (Act No. 17 of 1941)12. Certain provisions not to apply to trade descriptions applied to certain goods at commencement of Act |
| (1) | If at the commencement of this Act a trade description is lawfully and generally applied to goods of a particular class or manufactured by a particular method, to indicate that class or method, the provisions of this Act as to false trade descriptions shall not, subject to the provisions of this section, apply to that trade description when so applied. |
| (2) | If a trade description includes the name of a place or country and is likely to lead to the belief that the goods to which it is applied were made or produced in that place or country the qualification set forth in subsection (1) shall not apply to that trade description. |
| (3) | The Minister may, after such investigation as he may think fit, by notice in the Gazette declare that a trade description mentioned in the notice is or is not a trade description to which the qualification set forth by subsection (1) applies, and thereafter, unless the notice has been withdrawn in terms of subsection (5), that trade description shall be deemed to be or not to be (as the case may be) a trade description to which the said qualification applies. |
| (4) | The Minister may, by notice in the Gazette, if he is satisfied at any time that the circumstances require it, suspend the operation of either section eight or nine or of both or exempt for such period as he may deem necessary any goods or class of goods from the operation of either or both of these sections. |
| (5) | The Minister may, if he is satisfied that the circumstances require it, by notice in the Gazette withdraw any notice issued in terms of subsection (3) or (4). |