An analysis of the ‘likelihood of confusion’ test in the South African trademark law
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Date
2022
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
University of the Western Cape
Abstract
This section contains an overview of trademarks and the objective is to provide background
information to the discussion. Trademark law is a creature of statute except for the law of
passing-off which comes from common law.1 Trademarks are governed by the Trade Marks
Act 194 of 1993.2 Accordingly, it is imperative to look at this Act to have clarity on the
definition of a mark and a trademark.
Description
Magister Legum - LLM
Keywords
Intellectual property rights, Constitution of the Republic of South Africa, Trademark law, Private law, International law