Tag: Janine Hollesen
Trademark non-use vulnerability – “Big Mac” loses in EU!
A registered trademark is vulnerable to revocation or cancellation for non-use if it has not been used for the goods and/or services for which it is registered for a certain amount of time. In most instances this time period is five years and is calculated from the date of registration, as in South Africa and the European Union.
The current state of IP law – is it fit for...
South African intellectual property (IP) legislation includes the Trademarks Act, Patents Act, Designs Act, Copyright Act and Plant Breeder's Rights Act. Each piece of legislation dealing with the particular IP right concerned, but is it all fit for purpose?
Discovery vs Liberty – When is use of a trade mark...
Various Discovery companies took Liberty Group Limited to court over Liberty’s use of Discovery’s VITALITY and DISCOVERY registered trademarks in relation to the Liberty Lifestyle Protection Plan.
A horse by the same name?
The Pretoria High Court has ordered the cancellation of many trade marks in the name of LA Group (Pty) Limited, including for POLO and logos which include a polo player and pony. The court found that the marks were not distinctive and do not function as a badge of origin.
Trade marks – use it or lose it!
It is important that a trade mark is used as non-use could lead to the cancellation of the mark, if it has not been used for 5 years, which is illustrated by the PRIMARK case which has resulted in the removal of the mark from the South African trade marks register.
