Shoprite Checkers (Pty) Ltd v Charoen Pokphand Group Co Ltd (72005/2015)
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…
Source excerpt
- Trade Mark Opposition
- Likelihood Of Confusion
- Dominant Feature Test
- Retail Services Classification