n Without Prejudice - To be written or not to be written? : intellectual property

Volume 15, Issue 3
  • ISSN : 1681-178X



There are a number of advantages for a trade mark owner in licensing its trade mark. These include expanding the territoriality of the brand, increasing sales and revenue, increasing brand awareness and ensuring that the trade mark satisfies the use requirement so that it does not become vulnerable to cancellation on the grounds of non-use. What is important to know is that it is not a requirement in South African trade mark law for a license agreement to be reduced to writing so a license agreement can be tacit, oral or written. All are valid and the only difference between them is the degree of ease with which one can prove its existence and thereby its validity.

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