Trade Marks Act 194 of 1993
The Trade Marks Act governs the registration and protection of trademarks in South Africa. Enacted in 1993, it provides the framework for the registration of marks used in trade or business to distinguish goods or services. The Act replaced the Trade Marks Act of 1963 and aligned South African trademark law with international standards.
Legal area: Law relating to the protection of creative works, inventions, designs, and trademarks.
Year enacted: 1993
Full text: https://www.gov.za/documents/south-africa-trade-marks-act-194-of-1993
Key Provisions
- Section 10: Requirements for registration including distinctiveness
- Section 11: Absolute and relative grounds for refusal
- Section 19: Duration and renewal of registrations (10-year renewable periods)
- Section 24: Rights conferred by registration and infringement
- Section 34: Passing off and actions for trademark infringement
- Section 43: Registration of well-known trademarks
Significance
The Trade Marks Act provides the primary framework for trademark protection in South Africa. The Act has been amended to accommodate the Madrid Protocol for international trademark registration and to address e-commerce and digital trademark issues.