oa De Rebus - The use of a mark on similar goods and services



As is the case in a number of other jurisdictions, the new South African Trade Marks Act 194 of 1993* (the Act), provides for the protection of a registered trade mark against unauthorised use in relation to goods and services similar to those for which it is registered. The provisions contained in s 34(1)(b) of the Act, are intended to replace those relating to defensive registrations in the 1963 Act, now repealed.


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