SAIIPL Trade Mark Litigation Practice Questions - SAIIPL Trade Mark Practitioners' Examination - Trade Mark Litigation (South Africa) Exam

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Under Section 34(1)(a) of the South African Trade Marks Act 194 of 1993, which element is NOT required to establish trade mark infringement?

The unauthorized use occurred in the course of trade. The mark used by the defendant is identical to the registered trade mark. The defendant's use is in relation to goods or services for which the trade mark is registered. The plaintiff must prove a likelihood of deception or confusion among the public.

Correct Answer:

The plaintiff must prove a likelihood of deception or confusion among the public.

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