Cochrane Steel Products (Pty) Ltd v M-Systems Group (1272/2016)
Cochrane Steel Products (Pty) Ltd v M-Systems Group (1272/2016) [2017] ZASCA 189; 2017 BIP 134 (SCA) (13 December 2017)
The Supreme Court of Appeal held that neither Cochrane nor any other trader is entitled to exclusive rights over the ordinary English words 'clear' and 'view', which constitute the composite mark 'CLEARVU'. These words are commonly used descriptively in the fencing industry, and the registration of the mark should not inhibit their bona fide use by others. The court affirmed that the imposition of a disclaimer and admission, as ordered by the court below, was warranted to prevent unjustified monopolies and to ensure fair competition. The court amended paragraph 1.2 of the order by deleting th…
Source excerpt
- Trade Mark Registration
- Disclaimer Of Non Distinctive Elements
- Distinctiveness Of Marks
- Exclusive Rights Limitation