A recent South African court decision neatly summarises some of
the major issues that need to be considered when comparing trade
marks in South Africa.
In the case of Dinnermates (Tvl) CC v Piquante Brands
International (Pty) Ltd and Another, the facts were that a
company applied to register the trade mark PEPPAMATE and a device
depicting a pepper with a stalk in classes 29, 30 and 31. The
application was opposed on the basis of an earlier registration for
the trade mark PEPPADEW and a very similar device for the same
goods. The first court found that the trade marks were confusingly
similar and it upheld the opposition. This decision was taken on
appeal.
Judge Mothle delivered the judgment on behalf of a three-judge
appeal panel. The judge started by saying that there is "no
dispute between the parties that the word 'peppa' used in
the context of both trade marks denotes 'pepper'".
