n Without Prejudice - Dividing the country : regional trade mark rights : intellectual property

Volume 7, Issue 9
  • ISSN : 1681-178X



Trade mark rights can be derived from either the common or statutory law. In terms of the common law, one requirement for protection is the presence of a reputation, the determination of which is a factual question. This simple principle can be difficult to apply. A particular problem is encountered in the case where a mark is used in different geographical areas by different persons. Guidance can, however, be obtained from case law in the United Kingdom and thereafter the South African position can be considered.

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