Thursday, September 22 2022   \  Published by Go Legal.

Registered trade marks and their use

Registered trade marks and their use

Unlike any other facet of intellectual property, registered trade marks afford protection against infringing third parties in perpetuity (provided that the registered mark is renewed every 10 years). This is one of several reasons why the registration of a trade mark is invaluable to brand owners. However, with registration comes responsibility.

One of the numerous responsibilities brand owners are faced with is to ensure that their registered trade marks are being used. Fortunately, in South Africa, proof of ‘a use of a trade mark’ is not a prerequisite to apply to register or renew the mark. However, once registered, a trade mark is vulnerable to cancellation on the basis of non-use where no bona fide commercial use of that mark, in relation to the claimed goods / services, by the owner (or any person permitted to use that mark), has taken place for a continuous period of 5 (five) years from the date the mark was registered. Read more

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