n Without Prejudice - Protecting the get-up of a product and its benefits : intellectual property

Abstract

S2 of the Trade Marks Act (194 of 1993) defines a mark as "any sign capable of being represented graphically including a device, name, signature, word, letter, numeral, shape, configuration, pattern, ornamentation, colour or container for goods or any combination of the aforementioned." A trade mark is defined as a mark used or proposed to be used in relation to goods or services for the purpose of distinguishing those goods or services from the same kind of goods or services of others in the trade.