n SA Mercantile Law Journal = SA Tydskrif vir Handelsreg - The 'seven-year clause' defence and the limited operation, under Section 70(1) of the Trade Marks Act 194 of 1993, of Section 42 of the Trade Marks Act 62 of 1963 : analyses

Volume 19, Issue 4
  • ISSN : 1015-0099
  • E-ISSN: 1996-2185



The provisions of s 42 of the Trade Marks Act 62 of 1963 (the '1963 Act'), in which the 'seven-year clause' is included, has been relied upon in a number of cases decided after the enactment of the Trade Marks Act 194 of 1993 (the '1993 Act'), as providing an absolute defence to applications for the expungement of registered trade marks from the Trade Marks Register of marks with a registration date seven years or more prior to the date of the enactment of the 1993 Act unreported, TPD, case no 15717/2004, 11 Mar 2003; 2006 (4) SA 275 (SCA)).

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