n Without Prejudice - Shape trade marks - Lindt fails to pull a rabbit out of the hat : intellectual property
|Article Title||Shape trade marks - Lindt fails to pull a rabbit out of the hat : intellectual property|
|© Publisher:||JetBlue Publishers (Pty) Ltd|
|Publication Date||Apr 2013|
|Pages||16 - 17|
In terms of the South African Trade Marks Act, a shape is capable of registration as a trade mark, provided it meets the same criteria for registrability as any other trade mark, namely, the mark "shall be capable of distinguishing the goods or services of a person in respect of which it is registered or proposed to be registered from the goods or services of another person...". In order to qualify for registration, a shape trade mark must be either inherently capable of distinguishing, alternatively, the mark must have acquired distinctiveness through use.
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