Lotte Confectionary Co Ltd v Orion Corporation (49422/2013)
Lotte Confectionary Co Ltd v Orion Corporation (49422/2013) [2015] ZAGPPHC 316; 2015 BIP 224 (GP) (1 April 2015)
The court found that the evidence presented by the applicant did not establish that the registration of the CHOCOPIE mark was wrongly made in 1996, as the evidence did not reach back to the relevant date and the presumption of validity under section 51 applied. However, the court held that subsequent to registration, the mark had lost its distinctiveness due to widespread and extensive use of 'choco' and 'chocopie' by other traders in South Africa. The respondent failed to protect its interests, and the mark was no longer capable of distinguishing the goods of the proprietor. The requirements…
Source excerpt
- Trade Mark Expungement
- Distinctiveness
- Section 24 Trade Marks Act
- Section 9 Trade Marks Act
- Section 10 Trade Marks Act