In this article, we discuss a significant trade mark judgment of
the South African Supreme Court of Appeal
("SCA"), National Brands Limited v
Cape Cookies CC and Another.
There's much trade mark law in this judgment and we highly
recommend reading it.
THE PARTIES
A smallish business, Cape Cookies CC, applied to register the
trade mark SNACKCRAX in class 30 for bread, pastry and
confectionery. A large business, National Brands Ltd, opposed the
registration of the trade mark. The opposition was based on,
inter alia, section 10(17) of the South African Trade
Marks Act, 1993.
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TRADE MARK DILUTION
Section 10(17) deals with trade mark oppositions that are based
on dilution, rather than the more common ground of likelihood of
confusion. The section says that registration will be refused
to:
