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

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

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.

Citation
[2022] ZASCA 161
Parties
Appellant: LA Group (Pty) Ltd; Respondent: Stable Brands (Pty) Ltd; Respondent: The Registrar of Trade Marks
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
25 November 2022
Case Number
650/2020
Procedural Posture
Civil Appeal / Amendment of Order
Outcome
The order is amended to correct the patent error in the trade mark registration number.
Judges
Ponnan, Makgoka, Schippers, Plasket, Phatshoane
Legal Topics
Trade Mark Registration, Rectification of Register, Patent Error Correction
Intellectual Property Trade Mark Registration Rectification of Register Patent Error Correction

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

LA Group (Pty) Ltd

Appellant

Stable Brands (Pty) Ltd

Respondent

The Registrar of Trade Marks

Respondent

Procedural Posture

Civil Appeal / Amendment of Order

Legal Issues

  1. 1 Whether the order granted on 22 February 2022 contains a patent error regarding the trade mark registration number.
  2. 2 Whether the court may correct the error in the order affecting the public register.

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.

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'.