One would ordinarily expect such a huge television series to have trademark protection all over the world, and HBO has duly ensured that the Game of Thrones trademark is registered in South Africa in classes 9, 16, 18, 20, 21, 25, 28 and 41 which covers, amongst others, printed material products, clothing and apparel, toys and entertainment.
Unlike patents, trademarks do not have to be novel, inventive and industrially applicable. According to the Trade Marks Act, 194 of 1993 (the Act) in section 9, a trademark only needs to be either inherently capable of distinguishing or to have acquired distinctiveness through prior use, at the date of application.
With the hype of the premiere of the eighth and final season of Game of Thrones, one might be tempted to print t-shirts, merchandise or provide other goods and services using the registered Game of Thrones trademark to make some money on the side.
So, whether Daenerys Targaryen, Cersei Lannister or Jon Snow (Aegon Targaryen) [or the Night King] become victorious and sit on the Iron Throne, remember that the Game of Thrones trademark is registered in South Africa and the use of HBO’s trademark without consent amounts to infringement of a registered trademark in terms of section 34 of the Act.
Ultimately, you can be like Tyrion Lannister and the "Kingslayer" Sir Jaime Lannister and choose the side that has two full grown dragons to protect you when found guilty of trademark infringement. Alternatively, if dragons do not tickle your fancy, consider consulting a trademark attorney before using well-known trademarks for commercial purposes.
