BMW: Still Shaping Trade Mark Law

It is safe to say that BMW protects its trade marks fiercely. As a result, the company has done more than its fair share to shape South African trade mark law. A recent UK trade mark decision involving BMW will therefore be of considerable interest to businesses in South Africa.

In a number of cases involving BMW, South African courts have made it very clear that a trade mark registration is only infringed if a third party makes unauthorised "trade mark use" of that trade mark. This may sound a little odd, but what it means is that the third party must use the registered trade mark in a way that suggests that there is a commercial connection between the third party and the owner of the registered trade mark. In other words, the third party must use the registered trade mark as a badge of origin.