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Enforcement

SOUTH AFRICAN TRADEMARK

Enforce South Africa Patent

A registered South African trademark prevents others from:

  • making, importing, advertising and selling a product; or
  • offering and providing a service,

within the same or confusingly similar class using a "confusingly similar" mark.

Infringement proceedings are instituted in the South African High Court. The South African legal system is efficient, with English‐speaking judges. Court dates are generally set down a year in advance, at a ballpark litigation cost of US$30,000.

Infringement relief includes:

  • Interdict against continuing infringement
  • Delivery‐up of infringing goods for destruction
  • Damages (based on a reasonable royalty)
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