What are the rights of trademark?

Exclusive Rights (1) The trademark owner shall have the exclusive right of designating by the trade mark the goods or services it is granted for, and the exclusive right of using the trademark for such goods or services.

How are trademarks regulated in South Africa?

Patents and Trademarks in South Africa are regulated by the Companies and Intellectual Property Commission.

What is meant by trademark law?

Trademark is defined in the Trademark Act, 1999 as, “trademark means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include the shape of goods, their packaging and combination of colours.”

Which is not protected by trademark laws?

Logos, pseudonyms, and trade dress are all protected by trademark laws. However, book titles are rarely protected under trademark law because of judicial reluctance to protect titles that are used only once.

Which types of trademarks Cannot be used?

Trademarks which contain or comprise matter likely to hurt the religious susceptibilities of any class or sections of citizens of India. Trademarks which contain or comprise scandalous or obscene matter. If the usage of the trademark is prohibited under the Emblems and Names (Prevention of Improper Use) Act, 1950.

Why are trademarks so valuable?

With a trademark, you retain exclusive rights to mark your products, with no one else being allowed to use your symbol, name, or slogan in that particular region. Trademarks provide protection for both businesses and consumers, making them an important part of running a successful company.

What is common law trademark protection?

A common law trademark provides protection for a symbol, logo, product name, or other words or marks that identify the source of goods or services before it is registered with the state or federal government.

What is a trademark in South Africa?

Why you should register a trademark in South Africa: A trademark is a unique mark which distinguishes your goods or services from other. Trademarks are register-able in terms of the South African Trademarks Act No 194 and is subject to certain requirements.

What is trademark in simple words?

A trademark is an easily recognizable symbol, phrase, or word that denotes a specific product. It legally differentiates a product or service from all others of its kind and recognizes the source company’s ownership of the brand.

Why do Trademarks not expire?

Unlike patents and copyrights, trademarks do not expire after a set period of time. Trademarks will persist so long as the owner continues to use the trademark. Once the United States Patent and Trademark Office (USPTO), grants a registered trademark, the owner must continue to use the trademark in ordinary commerce.

Can a smell mark be registered as a trademark?

In US, however, in the case of the Re Celia Clarke [5], the Court recognized that smell marks can also be registered as trademarks when it accepted an application for registration of ‘a high impact, fresh floral fragrance reminiscent of Plumeria blossoms’ for sewing thread and embroidery yarn.

What are some examples of non traditional trademarks?

This includes a variety of things ranging from the Intel jingle to the shape of the Coca Cola bottle.

When does a trademark need to be registrable?

A trademark is registrable if the graphical representation of the mark is self-contained, durable, objective, intelligible and accessible. The requirement of a mark being perceived unambiguously by one and all thus becomes a mandatory requirement for registration, absence of which might lead to infringement.

What makes a trademark a trademark in India?

A trademark is an intellectual property which is used for distinguishing a product or a service. In India, Section 2 (1) (zb) of the Indian Trademarks Act specifies that any mark which is distinctive i.e. capable of distinguishing goods and services of one undertaking from another, and capable of being represented graphically can be a trademark.