Confused about confusion: Is there still a distinction between primary and extended trade mark infringement?

Authors Roshana Kelbrick

ISSN: 2522-3062
Affiliations: Professor, School of Law, University of South Africa
Source: Comparative and International Law Journal of Southern Africa, The, Volume 50 Issue 1, p. 1 – 21


The Trade Marks Act 194 of 1993 created three new forms of infringement commonly known as primary infringement, extended infringement, and finally, infringement by dilution. Here, I consider whether the distinction between the first two forms of infringement still exists.