Saic Motor Co Ltd v Deutz (65401/2015) [2016] ZAGPPHC 363; 2016 BIP 161 (GP) (13 May 2016)

Saic Motor Co Ltd v Deutz (65401/2015) [2016] ZAGPPHC 363; 2016 BIP 161 (GP) (13 May 2016)

The court found that, upon comparison, the MAXUS Device mark and the DEUTZ Tower Device mark are conceptually and visually distinct. The DEUTZ mark features a bold, sharp pointed tower device integrated with a stylised 'M', while the MAXUS mark consists of three separate triangles with shaded segments. The customer base in the motor industry is sophisticated and cautious, reducing the likelihood of confusion. The evidence presented by Deutz regarding its reputation and market presence did not establish that the use of the MAXUS Device mark would cause deception or confusion. The court concluded that no substantial number of customers would be confused or deceived by the coexistence of the...

Citation
[2016] ZAGPPHC 363
Parties
Applicant: SAIC Motor Co Ltd; Respondent: Deutz AG
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
13 May 2016
Case Number
65401/2015
Procedural Posture
Review Application / Referral From Registrar of Trademarks Under S 59(2) of the Trade Marks Act
Outcome
The opposition to the trade mark applications is dismissed with costs.
Judges
FHD Van Oosten
Legal Topics
Trade Mark Opposition, Likelihood of Confusion, Visual and Conceptual Similarity, Distinctiveness, Device Marks
Intellectual Property Trade Mark Opposition Likelihood of Confusion Visual and Conceptual Similarity Distinctiveness Device Marks

Case Brief

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Parties

SAIC Motor Co Ltd

Applicant

Deutz AG

Respondent

Procedural Posture

Review Application / Referral From Registrar of Trademarks Under S 59(2) of the Trade Marks Act

Legal Issues

  1. 1 Whether the applicant's MAXUS Device mark is so similar to the respondent's DEUTZ Tower Device mark as to cause a likelihood of deception or confusion in the motor vehicle industry.
  2. 2 Whether the opposition to the registration of the applicant's trade marks under sections 10(12), 10(14), and 10(17) of the Trade Marks Act is justified.

Ratio Decidendi

The court found that, upon comparison, the MAXUS Device mark and the DEUTZ Tower Device mark are conceptually and visually distinct. The DEUTZ mark features a bold, sharp pointed tower device integrated with a stylised 'M', while the MAXUS mark consists of three separate triangles with shaded segments. The customer base in the motor industry is sophisticated and cautious, reducing the likelihood of confusion. The evidence presented by Deutz regarding its reputation and market presence did not establish that the use of the MAXUS Device mark would cause deception or confusion. The court concluded that no substantial number of customers would be confused or deceived by the coexistence of the...

Court Disposition

The opposition to the trade mark applications is dismissed with costs.

Orders

  • The opponent’s opposition to trade mark applications no’s 2011/00412, 2011/00413 and 2011/00414, in the name of SAIC Motor Co Ltd, is dismissed.
  • The opponent is ordered to pay the costs of this application.