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

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Which of the following scenarios qualifies for protection under the descriptive use defense in Section 34(2)(b) of the Trade Marks Act 194 of 1993?

A competitor using a registered logo as its primary brand name on identical products. A trader making bona fide use of indications concerning the kind, quality, quantity, intended purpose, value, or geographical origin of goods. A distributor selling counterfeit goods under a disclaimed descriptive tag. An importer using a registered trade mark on unrelated goods to suggest endorsement.

Correct Answer:

A trader making bona fide use of indications concerning the kind, quality, quantity, intended purpose, value, or geographical origin of goods.

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