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The Heraldry Act |
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by
Derick Swart
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Published
2007/05/11 12:00:00 AM
(Viewed
659
times) |
The Heraldry Act 18 of 1962 ("the Act") provides for the registration and legal protection of coats of arms, badges, emblems, names, special names and uniforms. The establishment of a bureau of heraldry has been provided for in the Act. The duties and functions of the bureau include the receipt and examination of applications, keeping the register and documents lodged in terms of the Act, to issue certificates of registration and to give advice regarding heraldic representations, names, special names or uniforms as well as render assistance with the design of heraldic representations and uniforms.
Any official (meaning of or belonging to the Government of the Republic or any provincial administration) or municipal authority, association, institution or person may apply to the bureau for registration of a heraldic representation, or for any amendment or the deletion of a heraldic representation which has been registered in its or his name. The definition of "institution" in the Act includes any university, university college, teachers' college, training college, normal college, school or research institute in the Republic, or a foreign country, for the promotion of education, arts, science or any other lawful human activity, and any union or society of the present or past members, students or scholars or any such institution.
Before a formal application is submitted, the applicant would be well advised to approach the State Herald in order to ascertain whether the proposed heraldic representation, name, special name or uniform does not clash with any existing registration. Hereafter a formal application consisting of an application form, a drawing of the proposed heraldic representation, a copy of the Constitution of the body (where application is made by an association) or a copy of the identity document (where application is for a personal heraldic representation) as well as a motto (if applicable) may be submitted.
Registration in terms of the Heraldry Act provides for the protection of coats of arms, badges, other emblems, names and uniforms and is a simple process which involves minimal costs and accordingly should be considered as a further possibility when it comes to the protection of certain trade marks.
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