M-Systems Group (Pty) Ltd v Cochrane Steel Products (Pty) Ltd (61028/2015)
M-Systems Group (Pty) Ltd v Cochrane Steel Products (Pty) Ltd (61028/2015) [2016] ZAGPPHC 677; 2016 BIP 228 (GP) (10 August 2016)
The court found that 'CLEARVU' is an invented word and not merely descriptive of the goods or services for which registration is sought. Although the mark may allude to a characteristic of the fencing products, it is not exclusively descriptive and is used in relation to a broader range of goods and services. The applicant demonstrated extensive use of the mark, resulting in significant reputation and recognition among the public and professionals. The court concluded that 'CLEARVU' is capable of distinguishing the applicant's goods and, alternatively, has acquired distinctiveness through pri…
Source excerpt
- Trademark Registration
- Distinctiveness
- Prior Use
- Trade Mark Act
- Descriptive Marks