Well-known Trademarks
June 24, 2009
Intellectual Property News and Interesting Facts
Well-known trademark status is commonly granted to famous international trademarks in less-developed legal jurisdictions.
Countries are empowered to grant this status to marks that the relevant authority considers are ‘well known’.
In addition to the standard grounds for trademark infringement, if the mark is deemed well known it is an infringement to apply the same or a similar mark to dissimilar goods / services where there is confusion, including where it takes unfair advantage of the well-known mark or causing detriment to it.
Furthermore, a well-known trademark does not have to be registered in the jurisdiction in order to bring a trademark infringement action (equivalent to bringing a passing off claim without having to show goodwill and having a lesser burden of proof).
Click here to REGISTER A TRADEMARK
Contact Details for Smit & Van Wyk
Tel:
+27 (0) 12 349 7800
Fax:
+27 (0) 86 619 0493
E-mail:
enquiries@svw.co.za
Physical Address / Courier
Block A Apex Corporate Park
Quintin Brand Street
Persequor Technopark
Meiring Naudé Avenue
Pretoria
0184
South Africa
Click here to REGISTER A TRADEMARK
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