SAIIPL Trade Mark Law And Practice Questions - SAIIPL Trade Mark Practitioners' Examination - SA Trade Mark Law And Practice (South Africa) Exam

According to Section 9(1) of the Trade Marks Act 194 of 1993, when is a trade mark considered registrable?

Only if it consists of an invented word with no meaning in any official language Only if the applicant holds a granted patent for the underlying product Only if the mark has achieved 100% market share in South Africa If it is capable of distinguishing the goods or services of the proprietor from the goods or services of another person, either inherently or by reason of prior use

Correct Answer:

If it is capable of distinguishing the goods or services of the proprietor from the goods or services of another person, either inherently or by reason of prior use

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