Following the previous post about the difficulties
experienced by RSA’s TM Registry, which you can read here,
Afro-Leo, with the help Katherine Harding, have established that
an application was made by the Registry under Section 6 of the Trade Marks Act for additional hearing officers to be appointed, sadly to no avail. So, in an
effort to address the ever-increasing backlog new oppositions are now being
transferred to the High Court for determination in terms of Section 59(2) of
For example, you could agree that the person reads the papers, asks questions and makes an award as an arbitrator but keeps it secret. He then switches to mediator, the parties agree a time limit and if they cannot settle wit the help of the mediator, the award is disclosed. Alternatively, the person simply reads the papers and gives a preliminary view and the parties then attempt to settle while they wait for the matter to be heard by the Registry or in Court.