Page 26 - Nexia SAB&T Business in South Africa Guide 2024

INTELLECTUAL PROPERTY: TRADE MARKS

Definition
Trade marks must be capable of distinguishing the goods or services of one
undertaking from those of other undertakings (a brand name, a slogan or a logo).
Registration
A trade mark can only be protected as such and defended under the Trade Marks
Act, 194 of 1993 if it is registered with the South African Registrar of Trade Marks.
Unregistered marks can be defended in terms of the common law.
Length of Protection
Trade marks are registered for ten years but can be renewed for an unlimited
number of additional ten-year periods.
Rights of Holder
The right holder is entitled to prevent unauthorised use of an identical or
substantially similar mark used in the same type of industry as that in which the
trademark has been registered.
Enforcement and Remedies
Trade Marks Act, 194 of 1993
Where there has been an infringement, the High Court can grant interdicts, order
the removal of the infringing mark or the delivery up of the products containing
the mark, award damages.
The Commission administers the Register of Trade Marks, which is the record
of all the trade marks that have been formally applied for and registered in SA.
The registration procedure results in a registration certificate which has legal
status, allowing the owner of the registered trade mark the exclusive right to use
that mark.

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