n Tydskrif vir die Suid-Afrikaanse Reg - The future of trade mark dilution in South Africa : regspraak

Volume 2006, Issue 1
  • ISSN : 0257-7747
  • E-ISSN: 1996-2207



On 1 May 1995 the Trade Marks Act 194 of 1993 came into force. This act was perceived to have introduced extensive protection for "well-known" marks. It must be pointed out at the outset that the term "well-known" can be ambiguous, as it is used in the act to refer both to marks that qualify for protection in terms of the Paris Convention, and to those that qualify for protection against dilution. The latter would always include the former, but not . In terms of the Paris Convention all that is required is for a mark to be well-known in relation to a specific field - for instance, a mark that is well-known in respect of sunglasses.

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