n Without Prejudice - Doomed without clear and compelling evidence : intellectual property
|Article Title||Doomed without clear and compelling evidence : intellectual property|
|© Publisher:||JetBlue Publishers (Pty) Ltd|
|Author||Hulekani Dumisa and Amy King|
|Publication Date||Nov 2012|
Securing registration of a trade mark does not guarantee an endless monopoly in the mark. In terms of s27(1)(b) of the Trade Marks Act, a registered trade mark may be removed from the register on the ground of non-use if, up to the date three months before the date of the application for removal, a continuous period of five years or longer has elapsed from the date of registration, during which the trade mark was registered and there was no bona fide use of the mark.
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