Trademark law infringement proceedings can be instituted by the owner of the rights when someone uses a mark which is identical to the one registered by the owner or uses a mark that is similar to the registered trade mark for commercial gain when used for similar products or services that can lead to confusion.
If a company for instance, registers such a mark and another company distributes similar goods under that mark an infringement under the Trademark Law takes place and the owner thus has the right to take legal action.
This also applies to a situation where an entity or person uses an essential part of the registered mark in a manner that can harm the image of the owner thereof.
Another instance of infringement under Trademark Law is when an entity or person uses part of or the whole registered mark in a way that takes advantage of the reputation of the branding and high esteem that go with the ownership thereof through the application of the mark on related goods or services.
Opposition to the registration of such a mark can be made within three months of advertising the mark in the Patent Journal. It is however possible that a person never registers the mark, but still uses it and by in so doing also infringes on the rights of the original holder.
Companies spend thousands to millions a year in branding and as such require protection against the infringement of their rights.
If you suspect infringement of your registered mark under the Trademark Law of South Africa, contact us to assist you in instituting legal proceedings against the perpetrator.
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