Abstract:
Trade mark law has become an increasingly important field of law in the context of a rapidly globalising economy. The promotion and protection of marks is widely viewed as the most important tool for a successful expansion of business and economic transformation. This is especially the case for well-known marks where the protection of investment and the strategic and economic value of the marks are of paramount importance. The recent decision of the Court of Appeal in Mobil Petroleum Co, Inc v Hyundai Mobis illustrates the interpretation adopted by the court in respect of s 8(3) of the Trade Marks Act, a ground which prohibits the registration of a trade mark that is identical or similar to a well-known trade mark.