Trade Mark checklist - Part 1 - The Principles
This is Part 1 - the Principles.
The most common of the infringement provisions based on an earlier mark states as follows (Section 34: SA Trade Marks Act 1993):
The rights acquired by registration of a trade mark shall be infringed by the unauthorized use of a mark which is identical or similar to the trade mark registered, in the course of trade in relation to goods or services which are so similar to the goods or services in respect of which the trade mark is registered, that in such use there exists the likelihood of deception or confusion.
The wording of the European Harmonization Directive (Article 5), the UK Trade Marks Act (S10/S5) is very similar as is the opposition provisions in the South African legislation (S10).
The Principles - Likelihood of Confusion
