Accounting Made Easy CC v School Accountin Made Easy (Pty) Ltd (81365/2016) [2019] ZAGPPHC 215 (25 June 2019)

Accounting Made Easy CC v School Accountin Made Easy (Pty) Ltd (81365/2016) [2019] ZAGPPHC 215 (25 June 2019)

The court found that although both parties use similar marks in the accounting education sector, the marks 'Accounting Made Easy' and 'School Accounting Made Easy' are sufficiently distinguishable in the marketplace. The phrase 'Made Easy' is widely used and cannot be monopolized by the applicant. The services and clientele of the two businesses differ, and there is no likelihood of confusion or deception among consumers. The applicant failed to discharge the onus of proving infringement under section 34(1)(a) of the Trade Marks Act. Regarding the counter-application, the court held that the applicant's mark is capable of distinguishing its services and is not wrongly remaining on the...

Citation
[2019] ZAGPPHC 215
Parties
Applicant: Accounting Made Easy CC; Respondent: School Accountin Made Easy (Pty) Ltd; Applicant: School Accountin Made Easy (Pty) Ltd; Respondent: Accounting Made Easy CC; Respondent: Registrar of Trade Marks; Respondent: Companies and Intellectual Property Commission
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
25 June 2019
Case Number
81365/2016
Procedural Posture
Civil Application / Judgment on Application and Counter Application
Outcome
Both the main application and the counter-application are dismissed with costs.
Judges
Makhoba
Legal Topics
Trade Mark Infringement, Distinctiveness of Mark, Descriptiveness, Removal From Register
Intellectual Property Commercial and Corporate Trade Mark Infringement Distinctiveness of Mark Descriptiveness Removal From Register

Case Brief

Summary, issues, holding and outcome

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Parties

Accounting Made Easy CC

Applicant

School Accountin Made Easy (Pty) Ltd

Respondent

School Accountin Made Easy (Pty) Ltd

Applicant

Accounting Made Easy CC

Respondent

Registrar of Trade Marks

Respondent

Companies and Intellectual Property Commission

Respondent

Procedural Posture

Civil Application / Judgment on Application and Counter Application

Legal Issues

  1. 1 Whether the respondent's use of 'School Accounting Made Easy' infringes the applicant's registered trade mark 'Accounting Made Easy'.
  2. 2 Whether the applicant's trade mark is generic or descriptive and should be removed from the register.
  3. 3 Whether there is a likelihood of confusion or deception in the marketplace between the two marks.

Ratio Decidendi

The court found that although both parties use similar marks in the accounting education sector, the marks 'Accounting Made Easy' and 'School Accounting Made Easy' are sufficiently distinguishable in the marketplace. The phrase 'Made Easy' is widely used and cannot be monopolized by the applicant. The services and clientele of the two businesses differ, and there is no likelihood of confusion or deception among consumers. The applicant failed to discharge the onus of proving infringement under section 34(1)(a) of the Trade Marks Act. Regarding the counter-application, the court held that the applicant's mark is capable of distinguishing its services and is not wrongly remaining on the...

Court Disposition

Both the main application and the counter-application are dismissed with costs.

Orders

  • The applicant's application for an interdict is dismissed with costs.
  • The respondent's counter-application for removal of the applicant's mark from the register is dismissed with costs.