Not what it appears at first.

Dean_E232

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The use of the flag in manufactured products is subject to the approval of the Department of Trade and Industry (dti). Faan Wolvaardt, director Intellectual Property at Bowman Gilfillan explains: “It will not be possible to register, or protect, packaging or a mark that contains the national flag. As such, it will not be possible to stop copying”.

If you are going to use the flag as a mark, be sure that you understand the rules
The national flag must at all times be treated with dignity and respect
Under section 22 of the Heraldry Act misuse of the national flag without written permission, using for gain, selling or trading in the heraldic representation of the national flag could lead to civil actions and criminal prosecution
Approval for use may be obtained from the State Herald, which falls under the Department of Arts and Culture. According to section 3(2) of this Act, the Bureau receives and examines applications for the registration or deletion of heraldic representations, names, special names or uniforms, and issue certificates of registration. The Bureau of Heraldry is obliged to give advice as far as possible, regarding heraldic representations, names, special names and uniforms
Section 14(1B) of the Merchandise Marks Act prohibits use of a mark or trade mark which consists or contains any state emblem in connection with trade, business etc. Approval for such use may be obtained from the Minister of Trade and Industry
Proudly South African membership
“Despite these prohibitions there is widespread commercial use of the flag”, says Wolvaart. “Be careful that use of the flag will not be confused with the marks of the Proudly South Africa Campaign”, Wolvaart advises. Proudly South African is the “buy local” campaign launched in 2001 by government, organised business, organised labour and community organisations.

Membership might be useful in launching your product as it is not restricted to a particular type of business or organisation. Any company or institution, whether it renders a professional service or is a manufacturing business; a public entity, sports body, school, tertiary institution, government department, municipality, NGO, town or city or even an individual, may be eligible to join the Campaign, provided that they support the Campaign’s overall aims and objectives and meet the Campaign’s membership criteria.

For more information
Contact Cipc (Companies and Intellectual Property Registration Office) for guidance and advice.

Go to http://www.trademarksearch.co.za/index.php?page=tclassheading for a full list.
 

Dean_E232

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he is not allowed to use the flag unless he has the correct permission , he is representing South Africa under the MSA banner if you like , so its them that will get into trouble if they do not act appropriately . They just protecting themselves and him from prosecution and should he want to use it permission would need to be obtained ( no from the MSA)
 

ozosborne

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he is not allowed to use the flag unless he has the correct permission , he is representing South Africa under the MSA banner if you like , so its them that will get into trouble if they do not act appropriately . They just protecting themselves and him from prosecution and should he want to use it permission would need to be obtained ( no from the MSA)
And in turn says screw South Africa and uses the Dutch flag who will probably gladly accept it without giving him issues.
 

ozosborne

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Guys I’m sorry to weigh in here but I think it’s a fair question that’s been asked. And no one is answering it with an opinion - rather climb into the OP?

that seems to be the order of the day with this forum no matter what the conversation is.
You are completely correct. Its a culture amongst most here. But its pretty much friendly banter, which from the outside does not look kosher.
 

Dean_E232

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And in turn says screw South Africa and uses the Dutch flag who will probably gladly accept it without giving him issues.
well if he intends using the dutch flag i am sure the same permissions would need to be obtained from them
 

Mitch

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he is not allowed to use the flag unless he has the correct permission , he is representing South Africa under the MSA banner if you like , so its them that will get into trouble if they do not act appropriately . They just protecting themselves and him from prosecution and should he want to use it permission would need to be obtained ( no from the MSA)
So if I use the flag at a cricket or rugby match, I need to obtain permission?
 

ozosborne

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So if I use the flag at a cricket or rugby match, I need to obtain permission?
Technically speaking, yes. Plenty laws but how many actually get enforced. Until the government needs to of course.

The law is there for obvious reasons. To attach the laws to this case is silly.
 

Tman21

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So if I use the flag at a cricket or rugby match, I need to obtain permission?
Yes or you will be a criminal like Calvin! F U C K MSA once again!

It would have been way more simple to just say, Jeez you are really killing it out there as an ambassador for SA and MX, here is the correct XYZ accompanied by paperwork. . . .

CUNCH OF MSA's!
 

Dean_E232

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some much hatred here ............. how did msa sort your knee issue out Tiaan ? jy kort n pakslae , kies solank n belt , wag vir my in die kamer
 

Tman21

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some much hatred here ............. how did msa sort your knee issue out Tiaan ? jy kort n pakslae , kies solank n belt , wag vir my in die kamer
I have it all prepared for you! Their medical insurance actually work yes, I am grateful and im sure so are other that have actually managed to see the benefit thereof.

BUT and a moerse one at that is the fact that they are money grabbing assholes trying to kill the sport instead of growing it. But I am to young to even grasp a 10th of it however I have been riding (bikes and keyboard) for just over 6 years and its been the same tune no matter who you listen to!

I commend your efforts Oom Dean but im afraid that single handedly you alone will not be able to change the historical perception or the shit taste they leave wherever they go.

EDIT: Please try and disagree with my rationality in my previous post. To benefit them, the country, the sport and rider it could've been handled like a governing body and not a fucking SOE . . .

#QWERTYracerOUT
 

J37

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Yes or you will be a criminal like Calvin! F U C K MSA once again!

It would have been way more simple to just say, Jeez you are really killing it out there as an ambassador for SA and MX, here is the correct XYZ accompanied by paperwork. . . .

CUNCH OF MSA's!
:beerchug:
 

Dean_E232

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we should just do away with governing bodies then , seems they not needed as i am the only one pro MSA , surely our saffers racing overseas can then just somehow get a FIM license somewhere else to compete international , then MSA can be disbanded and not follow any international standards and requirements .

was lekker once to see the motogp and Formula races in south africa , and to see our guys competing in overseas events like Brad binder etc etc .

sadly they too have to abide to local laws and legislation , as well as international fim/fia rules , so surely this rant and hatred should extend to those federations to as they Govern Motorsport SA ?

how much money is MSA pocketing a year ?
 

Ten Bar

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Dean, with regards the medical - It works because its not "controlled" by MSA, its a private company subcontracted by MSA to offer medical cover and that is exactly what they do. I would shudder to think what would happen if MSA ran the scheme themselves.

MSA is 100% necessary to oversee the rules and regulations of all forms of Motorsport but the way in which they go about it is all wrong. 90% of people you speak to hate MSA, A change of attitude and showing that they actually care about riders would go a long way to get the racers back on their side. They collect rider levies , permit fees etc but have you ever seen MSA of late stepping up and subsidizing anything or even assisting a Top rider in the world stage- Dont you think someone like Calvin, Brad Binder or Wade should get some sort of assistance as they try to compete on the world stage - they get F/A from MSA. Its not right :icon_redface:

The good news is that that evil dictator Mr Riddel was fired from MSA , the bad news is that 2 or 3 prominent people have resigned from the Off Road committee leaving it a dead horse once again.

MSA could be a leading light once again but they choose for whatever reason to keep taking and taking and not giving.

#OVERANDOUT
 

BULL

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we should just do away with governing bodies then , seems they not needed as i am the only one pro MSA , surely our saffers racing overseas can then just somehow get a FIM license somewhere else to compete international , then MSA can be disbanded and not follow any international standards and requirements .

was lekker once to see the motogp and Formula races in south africa , and to see our guys competing in overseas events like Brad binder etc etc .

sadly they too have to abide to local laws and legislation , as well as international fim/fia rules , so surely this rant and hatred should extend to those federations to as they Govern Motorsport SA ?

how much money is MSA pocketing a year ?
Dean, I raised an issue. I am not suggesting that MSA is all bad but I do feel they dropped the ball in this case.
 

Dean_E232

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Dean, with regards the medical - It works because its not "controlled" by MSA, its a private company subcontracted by MSA to offer medical cover and that is exactly what they do. I would shudder to think what would happen if MSA ran the scheme themselves.

MSA is 100% necessary to oversee the rules and regulations of all forms of Motorsport but the way in which they go about it is all wrong. 90% of people you speak to hate MSA, A change of attitude and showing that they actually care about riders would go a long way to get the racers back on their side. They collect rider levies , permit fees etc but have you ever seen MSA of late stepping up and subsidizing anything or even assisting a Top rider in the world stage- Dont you think someone like Calvin, Brad Binder or Wade should get some sort of assistance as they try to compete on the world stage - they get F/A from MSA. Its not right :icon_redface:

The good news is that that evil dictator Mr Riddel was fired from MSA , the bad news is that 2 or 3 prominent people have resigned from the Off Road committee leaving it a dead horse once again.

MSA could be a leading light once again but they choose for whatever reason to keep taking and taking and not giving.

#OVERANDOUT

no you 100% right they should do more , maybe if every one started taking out msa licenses again , there would be more funding that can be used towards these initiatives , its a vicious circle , remember the " old days " local motorsport attracted a lot of tv coverage , i remember watching the local GP's superbikes , Motorcross and offroads live on Saturdays , that revenue foe the TV rights also gone and the tv coverage is now no existent , bigger an more popular sports have taken over the lime light here sadly , we can debate this till the cows come home and no one will ever be happy or agree .

Look at national sporting numbers in our sport , compare them to 10 or 15 and 20 years ago , there is just not the same support and riders anymore , without revenue one cannot do much , its like running your won business , one cuts the cloth to suite
 

BlankieMan

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BULL Im with you. Its kak style and somewhat typical I would say. Why not rather something positive instead of complaining about something.

Basically it looks like they took something positive and spun it into kak for no reason. Sort of like someone looking for kak when it snot needed, excepting that no one ends up getting a hiding here. Or perhaps SA sport is the one taking a hiding who is not even involved. :icon_mad:
a bit like BULL on a daily basis ??
 
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