n Without Prejudice - Foreign trademark registration : intellectual property

Volume 14, Issue 5
  • ISSN : 1681-178X



Generally, a trade mark is a territorial concept and, there is nothing preventing a person from asserting a proprietary right in a trade mark in relation to which no-one else has asserted a similar right in the same territory. Under the common law, it is not possible to enforce rights in a trade mark if there is no requisite reputation attributable to the business.

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