No. 2
Trademarks
(d) refills or re-uses for commercial purposes, labels,
containers, wrapping, packaging or any other material bearing the
trademark;
(d) uses, in the course of trade, a sign that is identical or
similar to the registered trade mark in respect of any goods or
services, where such use may cause confusion or association with
the registered trademark; or
(f) uses in the course of trade, a sign identical or similar to, the
trademark in respect of any goods or services where such use may
cause unfair__
(i) economic prejudice to the owner through dilution of the
distinctive character or advertising value of the trademark; or
(ii) advantage being taken from the reputation of the
registered trademark or of its holder.
35. Where a trademark registered in terms of this Act has been
infringed, a court may grant the owner__
(a) an injunction;
(b) an order for removal of the infringing mark from all
material or where the infringing mark is inseparable or incapable
of being removed from the material, an order that all such
material be delivered up to the owner;
(c) an order for destruction of any infringing product, article or
product of which the infringing product forms an inseparable
part;
(d) an order for seizure and forfeiture of any material and
implements used in the creation of the infringing goods;
(e) damages, or an account of the profits derived from the
infringement, including expenses incurred in curtailing the
infringement; or
(f) in lieu of damages, at the option of the owner, a reasonable
royalty which would have been payable by a licensee for the use
of the trademark concerned, including any use which took place
after advertisement of the grant of an application for registration
and which, if it took place after registration, would amount to
infringement of the rights acquired by registration.
36.__(1) The Court may, on application by__
(a) a right holder protected under this Act;
(b) a competent authority;
(c) an interested person or association; or
(d) an interested producer, manufacturer or trader,grant an
application to prevent an act of unfair competition, award
19
Remedies for
infringement
of a
trademark
Acts of unfair
competition