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

The plaintiff must prove that the defendant's goods are identical or similar to the registered goods. The plaintiff must establish a likelihood of consumer deception or confusion between the marks. The registered mark must be well known in the Republic, and the unauthorized use must take unfair advantage of, or be detrimental to, its distinctive character or repute. Section 34(1)(c) applies equally to unregistered trade marks with established common law goodwill.