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South Africa Judgment

Supreme Court of Appeal

LA Group (Pty) Ltd v Stable Brands (Pty) Ltd and Another (650/2020) [2022] ZASCA 161 (25 November 2022)

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Source document

01

Holding and result

The Supreme Court of Appeal found that paragraph 2(c) of its previous order contained a patent error in the trade mark registration number, referring to '2013/31832' instead of the correct '2014/31832'. Since the order is one in rem and affects a public register, the court is empowered to correct such errors to ensure the accuracy of the register and the order. The correction is justified and necessary to prevent confusion and ensure the integrity of the public record.

Court disposition

The order is amended to correct the patent error in the trade mark registration number.

Orders

  • Paragraph 2(c) of the order granted in this matter is amended by the deletion of '2013' and the substitution therefor of '2014'.

02

Material facts

Parties

LA Group (Pty) Ltd

Appellant

Stable Brands (Pty) Ltd

Respondent

The Registrar of Trade Marks

Respondent

03

Procedural history

  1. Posture

    Civil Appeal / Amendment of Order

04

Questions and positions

Legal issues

Party arguments

Applicant
The parties jointly notified the registrar of the Supreme Court of Appeal that paragraph 2(c) of the order incorrectly referred to trade mark registration number '2013/31832' instead of '2014/31832'. They requested the correction of this patent error, as the order affects a public register and should accurately reflect the correct registration number.
Respondent
The respondents concurred with the applicant that the order contained a patent error and supported the application for its correction, emphasizing the importance of accuracy in orders affecting public registers.

05

Court’s reasoning

  1. 01

    Firestone South Africa (Pty) Ltd v Genticuro A.G. [1977] 4 All SA 600 (A); 1977 (4) SA 298 (A) at 307A-308A

    A court may correct a patent error in its order where the error is clear and affects a public register.

  2. 02

    The Gap Inc v Salt of the Earth Creations (Pty) Ltd and Others [2012] ZASCA 68; 2012 (5) SA 259 (SCA) para 2

    Orders in rem affecting public registers must be accurate and may be amended to correct patent errors.

06

Ratio, limits and disposition

Ratio decidendi

The Supreme Court of Appeal found that paragraph 2(c) of its previous order contained a patent error in the trade mark registration number, referring to '2013/31832' instead of the correct '2014/31832'. Since the order is one in rem and affects a public register, the court is empowered to correct such errors to ensure the accuracy of the register and the order. The correction is justified and necessary to prevent confusion and ensure the integrity of the public record.

Obiter and limits

  • The correction of patent errors in court orders is particularly important where such orders affect public registers, as accuracy is essential for legal certainty.
  • The parties' joint approach to the registrar facilitated the prompt correction of the error, demonstrating the importance of cooperation in procedural matters.

Court disposition

The order is amended to correct the patent error in the trade mark registration number.

  • Paragraph 2(c) of the order granted in this matter is amended by the deletion of '2013' and the substitution therefor of '2014'.

Source and reliance status

Supreme Court of Appeal

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Judgment text

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Source document

Supreme Court of Appeal

Judgment

[2022] ZASCA 161

THE SUPREME COURT OF

APPEAL OF SOUTH AFRICA

JUDGMENT

Not reportable

Case no: 650/2020

In the matter between:

LA GROUP (PTY) LTD

APPELLANT

and

STABLE BRANDS (PTY)

LTD

FIRST RESPONDENT

THE REGISTRAR OF TRADE

MARKS

SECOND RESPONDENT

Neutral citation: LA Group (Pty) Ltd v Stable Brands (Pty) Ltd and Another (Case no 650/2020) [2021] ZASCA 161 (25 November 2022)

Coram: PONNAN, MAKGOKA, SCHIPPERS and PLASKET JJA and PHATSHOANE AJA

Delivered: 25 November 2022

Summary: Correction of patent error in order.

AMENDED ORDER

Paragraph 2(c) of the order granted in this matter is amended by the deletion of ‘2013’ and the substitution therefor of ‘2014’.

Schippers JA (Ponnan, Makgoka and Plasket JJA and Phatshoane AJA concurring):

[1] Paragraph 2(c) of the order granted in this appeal on 22 February 2022 reads:

‘2 The first respondent’s counter-application for the removal from the register of trade marks, in terms of s 27(1)(a) of the Act, of the following trade mark registration numbers is upheld:

. . .

(c) 2013/31832 POLO PONY & PLAYER DEVICE in class 9, save for ‘glasses, spectacles, sunglasses’;’

[2] On 12 October 2022 the parties to the appeal drew to the attention of the registrar of this Court that the aforesaid order contained a patent error, namely that ‘2013’ in the order should be deleted and substituted with ‘2014’. They accordingly sought the correction of the order. The error may be corrected,[1] particularly because the order in question is one in rem that affects a public register.[2]

[3] It is accordingly ordered that:

A SCHIPPERS

JUDGE OF APPEAL

[1] Firestone South Africa (Pty) Ltd v Genticuro A.G. [1977] 4 All SA 600 (A); 1977 (4) SA 298 (A) at 307A-308A. See Afgri Grain Marketing (Pty) Ltd v Trustees for the time being of Copenship Bulkers A/S (in liquidation) and Others [2019] ZASCA 104 para 6; Oosthuizen and Another v The State [2020] ZASCA 1 para 1.

[2] The Gap Inc v Salt of the Earth Creations (Pty) Ltd and Others [2012] ZASCA 68; 2012 (5) SA 259 (SCA) para 2.

Source wording is retained. Consult the source document for its original formatting and pagination.

Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Firestone South Africa (Pty) Ltd v Genticuro A.G. [1977] 4 All SA 600 (A); 1977 (4) SA 298 (A)

Case cited

Afgri Grain Marketing (Pty) Ltd v Trustees for the time being of Copenship Bulkers A/S (in liquidation) and Others [2019] ZASCA 104

Case cited

Oosthuizen and Another v The State [2020] ZASCA 1

Case cited

The Gap Inc v Salt of the Earth Creations (Pty) Ltd and Others [2012] ZASCA 68; 2012 (5) SA 259 (SCA)

Case cited

Trade Marks Act 194 of 1993

Legislation

Legislation referenced in the available case record.

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