South Africa Case Law

Gruma S.A.B De C.V. v Grupo Bimbo S.A.B De C.V. and Another (2023-133078)

Gruma S.A.B De C.V. v Grupo Bimbo S.A.B De C.V. and Another (2023-133078) [2025] ZAGPPHC 30 (22 January 2025)

Court

North Gauteng High Court, Pretoria

Case number

2023-133078

Judge

E van der Schyff

The High Court held that Gruma lacked standing to oppose a South African trade mark application because it had not shown a definite, present intention to trade in South Africa.

• Trade Mark Opposition
• Locus Standi
• Territoriality Principle
• Trade Mark Registration
• Interested Person
• Trade-mark-opposition

AM Moolla Group Ltd and Others v Gap Inc and Others (123/2004)

AM Moolla Group Ltd and Others v Gap Inc and Others (123/2004) [2005] ZASCA 72; [2005] 4 All SA 245 (SCA); 2005 (6) SA 568 (SCA); 2005 BIP 281 (SCA) (9 September 2005)

Court

Supreme Court of Appeal

Case number

123/2004

Judges

Harms, Streicher, Brand, Lewis, Ponnan

The Supreme Court of Appeal held that the principle of territoriality governs trade mark rights in South Africa, and foreign use or registration does not preclude local adoption unless the mark was well known in South Africa at the time of local registration. The respondent failed to establish that its GAP marks were well known in South Africa prior to the appellants' adoption, and thus was not entitled to protection under section 35(3) of the Trade Marks Act or Article 6bis of the Paris Convention. The court found that the appellants failed to prove bona fide use or permitted use of the regi…

Source excerpt

• Trade Mark Registration
• Well Known Marks
• Territoriality Principle
• Non Use Expungement
• Paris Convention
• Trade Mark Infringement