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March 2023
 

THE DIFFICULTY OF REGISTERING SHAPE MARKS

 
 

It has been possible to register three-dimensional shapes and containers as trade marks in South Africa since the commencement of the Trade Marks Act, 1993 (“Act”). The Act defines a ‘mark’ as “any sign capable of being represented graphically, including a … shape, … or container for goods ….”.

Shape marks represent an opportunity for proprietors to protect the goodwill they have built up in the distinctive shapes and containers related to their brands (for example the shape of a four-finger KitKat chocolate).

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Meet Our EXCO Team
Yvonne Boden

Yvonne Boden

Yvonne joined Garlicke & Bousfield in 1988 to serve her articles and was offered a directorship in March 1991. She heads up the Estates & Trusts Department and currently serves
Simphiwe Maphumulo

Simphiwe Maphumulo

Simphiwe joined Garlicke & Bousfield in 2006 and was appointed as a Director in the Property and Conveyancing Department in 2008.
Howard Stephenson

Howard Stephenson

Howard was appointed as a Director in the Corporate & Commercial Department at Garlicke & Bousfield in 2013 and as head of this Department in 2014. He specialises in commercial,
Andre Liebenberg

Andre Liebenberg

Andre joined Garlicke & Bousfield in 2012 and is a director in the Litigation Department. He has extensive experience in commercial litigation, property law, contract law, dispute resolution and mediation.

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