n Without Prejudice - Doomed without clear and compelling evidence : intellectual property

Volume 12, Issue 10
  • ISSN : 1681-178X



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 use of the mark.

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