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South Africa decisions
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Jonsson Holdings (Pty) Ltd v Aktiebolaget, P.J Jonnson Och Soner (52169/2021) [2024] ZAGPPHC 1091 (23 October 2024)
The High Court dismissed an opposition to JONNSON registration in class 7, holding that heavy mining machinery is too dissimilar from protective clothing and footwear to cause confusion.
Takis Biltong (Pty) Ltd v Grupo Bimbo S.A.B DE C.V (A393/2018) [2021] ZAGPPHC 844; 2021 BIP 12 (GP); [2021] HIPR 183 (GP) (10 December 2021)
The High Court dismissed an appeal in a trade mark dispute, finding no likelihood of confusion between TAKIS and TAKIS FUEGO because the goods differed.
Chantelle v Designer Group (Pty) Ltd (A743/2013) [2015] ZAGPPHC 222; 2015 BIP 231 (GP) (24 April 2015)
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…
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