Registered trademarks are enforced via section 34 of the Trade Marks Act 194 of 1993.
S34 (1) (a) relates to the so-called classic trademark infringement and prevents the use by a third party of a mark which is identical or confusingly similar to the registered trademark on the goods/services covered by that registered trade mark.
S34 (1) (b) covers similar goods and prevents the use by a third party of a mark which is identical or confusingly similar to the registered trademark but on goods/services which are similar to those covered by that registered trade mark.
S34 (1) (c) is the anti-dilution provision and is intended to prevent the use by a third party of a mark which is identical or confusingly similar to registered trademark which is well-known in South Africa on any goods/services, provided that the use of the infringing mark would be likely to take unfair advantage of, or be detrimental to, the distinctive character or the repute of the registered trade mark, regardless of any confusion or deception.
Unregistered trade marks are protected by the common law delict of passing off which is a type of unlawful competition.