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Trade mark protection does not end at registration, and trade mark enforcement does not need to involve lengthy litigation or extensive legal fees for brand owners. Having a good trade mark enforcement strategy is essential in ensuring that a brand owner’s trade mark not only remains proprietary to them, but that it also does not become vulnerable to genericism.
It is important that a trade mark is used as non-use could lead to the cancellation of the mark, if it has not been used for 5 years, which is illustrated by the PRIMARK case which has resulted in the removal of the mark from the South African trade marks register.