Beecham Group Plc and Others v Triomed (Pty) Ltd (100/01)
Beecham Group Plc and Others v Triomed (Pty) Ltd (100/01) [2002] ZASCA 109; [2002] 4 All SA 193 (SCA); 2003 (3) SA 639 (SCA) (19 September 2002)
The Supreme Court of Appeal held that the registered shape of the Augmentin tablet was not inherently capable of distinguishing Beecham's goods from those of other manufacturers, nor had it acquired distinctiveness through use. The evidence established that the oval, bi-convex tablet shape is common in the pharmaceutical industry and serves functional purposes, such as ease of swallowing and coating. The registration of the shape mark was found to be contrary to section 10(5) of the Trade Marks Act, as the shape is necessary to obtain a specific technical result and its registration would lim…
Source excerpt
- Trade Mark Registration
- Distinctiveness
- Technical Functionality
- Pharmaceutical Products
- Shape Marks