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ARTICLE · 19 APRIL 2021

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Trade Mark Infringement

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A trade mark is an asset and will, through use over a period, accrue a value which will be taken into consideration in the event of a sale of a business and/or transfer of ownership.

South AfricaIntellectual Property
Somayya Khan
Somayya Khan
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A trade mark is an asset and will, through use over a period, accrue a value which will be taken into consideration in the event of a sale of a business and/or transfer of ownership.  One can secure the registration of a trade mark, if it meets the registrability criteria in that it can distinguish the goods and services of a person in respect of which it is registered or proposed to be registered from the goods or services of another.

If you have secured the registration of your trademark, it is important to understand what would constitute trade mark infringement, to protect your registration and to prevent the dilution of your trade mark in the course of trade.

Elements of trade mark infringement

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