Trade mark law in South Africa is very similar to trade mark law
in the UK. That makes a recent UK trade mark decision regarding
Claridge’s of interest to us. The decision illustrates how
important trade mark registration is and reminds us how much of a
role reputation can play in a trade mark infringement case. It also
reminds us that individuals can sometimes be held responsible for
the actions of their companies, and it brings home the benefits of
a specialist IP court.
A trade mark registration, whether in South Africa or the UK,
gives the owner broad protection. In general terms, the owner is
protected against the unauthorised use of that trade mark, or a
similar trade mark, in respect of the goods or services covered by
the registration, or indeed similar goods or services.
