Unit 4.4 - Trademark infringement

Question 1

Discuss the infringement of registered trademarks.

Answer 1

• A registered trade mark is infringed when another mark is used that is so similar to the registered trade mark that it could confuse consumers, if the goods or services are either the same or similar to each other.
• A trade mark can also be infringed if another similar mark is used, even without consumer confusion, if it dilutes the distinctiveness of the registered trade mark.

Question 2

Discuss the infringement of well-known trademarks.

Answer 2

Even if a trade mark is not registered or used in South Africa, it can still be infringed if it is well-known internationally.