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South Africa decisions
Decisions matching the current search
Martins Of London (Pty) Ltd v The Independent Tobacco FZ CO (11534/2009) [2017] ZAGPPHC 962 (19 September 2017)
High Court trade mark opposition upheld where BUSINESS ROYALS was held confusingly similar to ROYALS for tobacco products.
Shoprite Checkers (Pty) Ltd v Charoen Pokphand Group Co Ltd (72005/2015) [2016] ZAGPPHC 655; 2016 BIP 222 (GP) (28 July 2016)
The court found that the dominant feature of both marks is the conjoined word FRESHMARK/FRESHMART, which is visually, aurally, and conceptually similar. The 'CP' component and Thai characters in Charoen's mark do not provide sufficient distinction for South African consumers, who would focus on the FRESHMART element. The services for which both marks are registered are identical, increasing the likelihood of confusion. Charoen failed to discharge the onus of proving that there is no reasonable probability or likelihood of confusion or deception. The court held that the global appreciation of…
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Brown v Edcon Ltd (39873/2013) [2014] ZAGPPHC 371; 2014 BIP 185 (GP) (13 May 2014)
The court held that although both marks share the word 'STONE', this element is common in the fashion and clothing industry and is not uniquely associated with the respondent. When the marks are considered as a whole, the differences between 'HARBOUR' and 'DRI' are significant and sufficiently distinguish the two marks. The evidence showed that 'STONE' is an ordinary word used in various trade marks, and granting the respondent a monopoly over it would be unjustified. The applicant discharged the onus of proving no likelihood of confusion or deception. Therefore, the application for registrat…
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