South Africa Case Law

Chantelle v Designer Group (Pty) Ltd (A743/2013)

Chantelle v Designer Group (Pty) Ltd (A743/2013) [2015] ZAGPPHC 222; 2015 BIP 231 (GP) (24 April 2015)

Court

North Gauteng High Court, Pretoria

Case number

A743/2013

Judges

W R C Prinsloo, M F Legodi, C Pretorius

The court found that the Registrar of Trade Marks misdirected themselves by failing to apply the doctrine of notional use and the correct allocation of onus under section 10(14) of the Trade Marks Act. The evidence established that the appellant's CHANTELLE mark is well-known in South Africa for women's fashion items and that goods covered by the respondent's Class 3 application are similar or related, often sold in close proximity in retail outlets. The identical marks are likely to cause confusion or deception among consumers regarding the origin of the goods. The Registrar erred by focusin…

Source excerpt

• Trade Mark Registration
• Likelihood Of Confusion
• Onus Of Proof
• Notional Use
• Similarity Of Goods