The interpretation of "the relevant sector of the public" in terms of section 35(1A) of the Trade Marks Act 194 of 1993 : well-known trade marks

Abstract

South African trade marks are protected under the country's common law and statutes and also in terms of the Constitution of the Republic of South Africa, 1996 (hereafter the Constitution). Because intellectual property rights (hereafter IPRs) are usually territorial in nature, the rights conferred on a trade mark proprietor will be determined by the national laws of the country in which the trade mark is registered (hereafter the territoriality principle). For example, if a trade mark is registered in South Africa, the rights conferred on a trade mark proprietor will be limited to apply only within the borders of the Republic. From a trade mark perspective, exporters of goods must ensure that (i) any trade mark that appears on their goods does not infringe on other trade mark rights of third parties in the country or countries that they intend to export to, (ii) they apply to register the trade mark in each country they wish to export to, and (iii) their application for registration of their trade marks has complied with the laws of the country that they intend to export to.