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When is a Trade Mark Not a Trade Mark?

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There are two ways in which trade mark rights can be acquired in South Africa. The first is statutorily through registration in terms of the Trade Marks Act 194 of 1993, and the second is in terms of the common law through use thereof only.

It is common for a company's trademark to correspond with its domain name. This is an obvious choice as it enhances brand identity and is easy for customers to remember. However, complications arise when another party registers a domain name that includes your trademark, which leads to sev...

The word is out and the new draft food labelling Regulations, R2986 of the Foodstuffs, Cosmetics and Disinfectants Act. No 54 of 1972 (FCD Act), have been published.

Mauritius has become the 157 th Contracting State of the PCT. This means that from 15 March 2023 applicants will now be able to use the PCT system to obtain patent protection in Mauritius.

Blueberries in a Jam in Rotterdam

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Registrable IP such as Plant Breeders' Rights are often overlooked or not fully understood by proprietors, here is a good article on how one can get in a jam without a proper licence agreement in place!

Registered Designs

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Often Overlooked and Underestimated Protection for Your IP and The Relationship Between Copyright, Patents and Registered Designs

IP LINGO, Let’s Get the Lingo Down - Shall We

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If you’ve ever thought "I have the best name to patent" or "I really need to trade mark the way this game works", then this article is for you.

The Applicants are not necessarily the same persons as the inventors. More often than not the Applicant is a company that has obtained the right to apply for the invention from the inventor(s).

Will South Africa join the chorus of countries limiting patent rights on Coronavirus-related medicine?

Amidst the recent COVID-19 pandemic, countries are reviving rarely used legislation to ensure that COVID-19 related medicines which could potentially be used against the Coronavirus are available. Will South Africa join the chorus of countries limiting patent rights on Coronavirus-related medicine? Read Article

IP Emerging Trends

We are proud to contribute to this article on IP emerging trends. - We asked 14 top IP experts what emerging trends we should expect in 2020. This is what they said.

LATEST NEWS

When is a Trade Mark Not a Trade Mark?

Posted on Jun 28, 2023.

There are two ways in which trade mark rights can be acquired in South Africa. The first is statutorily through registration in terms of the Trade Marks Act 194 of 1993, and the second is in terms of the common law through use thereof only.

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