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.
