n Without Prejudice - Shape trade marks - Lindt fails to pull a rabbit out of the hat : intellectual property




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 . 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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