oa Juta's Business Law - Rip Van Winkle and the bona fide use of a trade mark
|Article Title||Rip Van Winkle and the bona fide use of a trade mark|
|© Publisher:||Juta Law Publishing|
|Journal||Juta's Business Law|
|Publication Date||Jan 2007|
|Pages||105 - 106|
Section 27(1)(b) of the Trade Marks Act 194 of 1993 provides, subject to certain conditions, for the expungement of a trade mark if there has not been any bona fide use of it for five years. The question that arises is - what does the term 'bona fide' mean in this context? In particular, can use that is 'engineered' to stave off an expungement attack be legally relevant? This question is discussed below, having regard first to English and European law.
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