n Without Prejudice - The shape of things to come : intellectual property

Volume 9, Issue 2
  • ISSN : 1681-178X



Shape trade marks have been a part of the South African trade mark landscape since the adoption of the Trade Marks Act (194 of 1993). The Act laid the foundation for the registrability of trade marks consisting of containers for goods and shapes of goods. This article will focus on the legislative and juristic framework that governs the registrability of shape trade marks. Specific attention will also be given to the recent European Court of First Instance decision in Lego Juris v OHIM - Mega Brands (Lego Brick) (T-270/06).

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