HAHN & HAHN INTELLECTUAL PROPERTY PRACTITIONERS

Trade Mark Prosecution

The Trade Marks Act, 1993 (as amended) governs the South African trade mark registration system. Distinctive signs of all kinds and descriptions which are capable of graphical representation are registrable as trade marks. The forty two classes of goods and services of the International Classification is followed. The statute is generally compatible with the European Directive concerning trade marks and affords protection against unauthorised use of both identical and confusingly similar marks in relation to the goods or services in respect of which a mark is registered and in respect of similar or dissimilar goods or services in defined circumstances.

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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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