An analysis of the ‘likelihood of confusion’ test in the South African trademark law

Abstract

This section contains an overview of trademarks and the objective is to provide background information to the discussion. Trademark law is a creature of statute except for the law of passing-off which comes from common law.1 Trademarks are governed by the Trade Marks Act 194 of 1993.2 Accordingly, it is imperative to look at this Act to have clarity on the definition of a mark and a trademark.