Understanding trademarks: 'Renew it regularly and you'll have indefinite rights'

Thabo Shole-Moshao interviews Owen Dean, Emeritus Professor of Mercantile Law at Stellenbosch University.

Listen below.

Dean provides insight into trademark legislation against the backdrop of the ANC and MK Party's legal dispute over the "uMkhonto weSizwe" trademark.

Essentially, trademarks serve to show the public that a product or service is affiliated with a specific entity or business, says Dean. 

He emphasises the importance of registering a trademark, which is typically an image or a brand name.

While a registered trademark may expire after 10 years, it can be renewed for another 10-year term.

On the other hand, the professor adds, if a trademark is not registered and relies on common law, its validity hinges on the reputation of the entity.

Regardless of whether it's being used actively or not, as long as the public still associates the emblem with a particular business, its usage history becomes irrelevant.

"As long as you renew it, you can have rights to it indefinitely."

- Professor Owen Dean, Emeritus Professor of Mercantile Law – Stellenbosch University

Scroll up to the audio player to listen to the interview.