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South Africa decisions
Decisions matching the current search
Tekno-Medical Optik Chirurgie GMBH v Registrar of Trade Marks and Another (2015/59773) [2017] ZAGPPHC 609; 2017 BIP 119 (GP) (13 September 2017)
The High Court refused leave to appeal against an order cancelling the TEKNO trade mark registration and expunging it from the register.
Tekno-Medical Optik Chirurgie GMBH v Registrar of Trade Marks and Another (2015/59773) [2017] ZAGPPHC 404; 2017 BIP 106 (GP) (28 July 2017)
The court found that the applicant had established extensive use and reputation in the 'TEKNO' trade mark in South Africa prior to the second respondent's registration. The second respondent and its predecessors acted as distributors of the applicant's products and did not originate, acquire, or adopt the mark independently. The respondent's claim to proprietorship was unsupported by objective evidence and contradicted by the applicant's documented sales and agency arrangements. The court rejected the respondent's defences of waiver, estoppel, and acquiescence, finding no unequivocal conduct…
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United Ulama Council of South Africa v United Ulama Council of South Africa and Another (50187/16) [2017] ZAGPPHC 154; 2019 BIP 79 (GP) (23 March 2017)
The High Court ordered removal of the trade mark 'United Ulama Council of South Africa', finding no bona fide proprietorship and mala fide registration.
Global Vitality Incorporated v Enzyme Process Africa (Pty) Limited and Others (20884/2013) [2015] ZAWCHC 111; 2015 BIP 520 (WCC) (21 August 2015)
The applicant established substantial reputation and goodwill in the ENZYME PROCESS trade mark in South Africa since 1995, predating any involvement by the respondents. The respondents' use of the ENZYME PROCESS mark and similar marks, including on goods not supplied by the applicant, was likely to cause confusion and deception among customers. The trade mark registrations by the second respondent were made without bona fide claim to proprietorship and in bad faith, warranting cancellation under the Trade Marks Act. The first respondent's company name, ENZYME PROCESS AFRICA, is confusingly si…
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Etraction (Pty) Ltd v Tyrecor (Pty) Ltd (16926/11 , 16926A/11) [2014] ZAWCHC 4; [2014] 2 All SA 90 (WCC); 2014 BIP 127 (WCC) (5 February 2014)
The High Court dismissed a trade mark interdict and upheld prior-use defence under section 36(1), while ordering partial expungement of “tyres” from the register.
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