Namibian case law on trademark invalidation
Witryna28 lut 2024 · The appeal concerns a finding by the High Court that the Minister of Home Affairs and Immigration unlawfully denied a minor child born in South Africa through a surrogacy arrangement, citizenship by decent as contemplated by Art 4(2) of the Namibian Constitution. WitrynaAccording to Section 138 (1) a trademark can be invalidated if it is identical with or confusingly similar to, or it or an essential element thereof constitutes a reproduction, imitation or a translation of, a trade mark which is entitled to protection under the Paris Convention as a well-known trade mark and which is well known in Namibia, if …
Namibian case law on trademark invalidation
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WitrynaThe Office may examine an incoming trademark application with regard to compliance with – formal requirements, absolute grounds for refusal and relative grounds for refusal (full examination); – formal requirements and absolute grounds for … Witryna‘In the case of a foreign trade mark, there is no legal bar to its adoption in South Africa unless it is attended by something more. Thus in delivering the unanimous judgment of the Full Court in P Lorillard and Co (supra at 356G-H),4 Boshoff J said: 2 Victoria’s Secrets Inc v Edgars Stores Ltd 1994 (3) SA 739 (A).
WitrynaLegal basis is the Industrial Property Act 2012 ("the Act") in force since August 1, 2024. The Act repeals the Trade Marks in South West Africa Act No. 48 of 1973. Namibia is a member of the Madrid Agreement and the Madrid Protocol. Namibia is also member of the Paris Convention, the ARIPO (Banjul Protocol) and the WTO/TRIPS. Witryna29 lip 2013 · The Namibian judge relied heavily on South African law. He quoted from the South African case of Adcock-Ingram Products Ltd v Beecham SA (Pty) Ltd 1977 (4) SA 434 (W) , where passing off was explained as follows: ' The plaintiff must prove in the first instance that the defendant has used or is using in connection with his own …
Witryna16 maj 2024 · In terms of the Trade Marks (Amendment) Regulations SI 239/2024, the official fees payable to ZIPO range between US$400–US$700. The official fees are also denominated in the local currency and change from time to time. Professional fees are generally guided by the Tariff published by the Law Society of Zimbabwe. WitrynaInvalidation is the legal procedure to cancel a registered trade mark. The applicant may assert that the registered trade mark is invalid on either absolute or relative grounds and an application ...
WitrynaNamibia National Policy on Intellectual Property The Ministry of Industrialization, Trade & SME Development, through the Business and Intellectual Property Authority, on behalf of the Government of Namibia, launched the first National Policy on Intellectual Property on 23 October 2024 in Windhoek.
Witryna5 kwi 2024 · You can register trademark or obtain patent in Namibia using help of qualified lawyers of the company Law&Trust International. We offer TM registration in any jurisdiction. Trademark in Namibia - Trademark registration in Namibia, logotype, patent Law&Trust International logicwastehttp://www.namibia-law.com/ logicwar/mldonkeyWitrynaThe court will make initial directions for the case, including discovery (rare in trade mark cases) and filing evidence. Pre-trial directions are often given at intervals throughout preparation of the case and it is not uncommon for there to be a number of hearings in court before the trial. logicwash