El Baik Food Systems Co. SA v Al Baik Fast Food Distribution Co. S.A.E (A998/13)
El Baik Food Systems Co. SA v Al Baik Fast Food Distribution Co. S.A.E (A998/13) [2015] ZAGPPHC 620; 2015 BIP 302 (GP) (1 September 2015)
The court held that the respondent's adoption and proposed use of the subject mark in South Africa constituted a bona fide claim to proprietorship under the Trade Marks Act. The appellant failed to provide sufficient evidence of bad faith, misrepresentation, or fraudulent conduct by the respondent. The appellant did not establish that its Albaik marks were well-known in South Africa or that registration of the subject mark would cause deception or confusion. The territorial nature of trade mark rights means that foreign use or registration does not bar local appropriation unless the mark is w…
Source excerpt
- Trade Mark Registration
- Proprietorship Of Trade Mark
- Well Known Marks
- Paris Convention Protection
- Deceptive Or Confusing Marks
- Territoriality Of Trade Marks