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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.
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.
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.