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Dec 14, 2018 · Owners of well-known marks are entitled to prevent the use and registration in South Africa of marks that: constitute, in whole or in essential part, a reproduction,...
- Trademarks in South Africa - Lexology
Owners of well-known marks are entitled to prevent the use...
- At a glance: trademark registration and use in South Africa
Registered trademarks are prima facie evidence of ownership...
- Trademarks in South Africa - Lexology
Jul 25, 2023 · A strong, recognisable brand, symbolised by your trademark, can help you stand out from the competition. However, protecting your trademark from imitation and infringement is a crucial part of maintaining your brand’s integrity. Here’s a simplified guide to trademark protection in South Africa.
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Can a trademark be registered in South Africa?
What makes a trademark well known in South Africa?
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What is a 'well-known' trade mark?
Roshana Kelbrick* Professor: School of Law, University of South Africa Abstract The 1993 South African Trade Marks Act uses the term 'well-known' in two different contexts. It is used to describe a trade mark that is so well-known that it is granted protection even in jurisdictions where it is not registered, so called Paris Convention ...
Jul 26, 2023 · As established by the McDonald's Corporation case, a mark is considered "well-known" if it's recognised within the specific market for the branded goods or services, and a significant portion of the target market must be aware of the mark. If you find your trademark is being infringed upon, the law provides five remedies under Section 34 (3):
Apr 19, 2021 · If a trade mark is not registered in South Africa, but it is considered well-known in the relevant sector of the public, it would enjoy protection under article 6bis of the Paris Convention as a well-known trade mark, which is incorporated in Section 35 of the South African Trade Marks Act.
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