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ARTICLE · 03 JUNE 2013

Issue 052 | TM 2B PC

Last week the European Court ruled that the word PAKI can’t be registered as a trade mark.

South AfricaIntellectual Property
Hans Muhlaberg
Hans Muhlaberg

Last week the European Court ruled that the word PAKI can't be registered as a trade mark. No surprise there - EU law, like ours, says that you can't register names that are contrary to law or morality, or likely to give offence to a class of persons. For the benefit of readers in the platteland, I should perhaps point out that PAKI is not simply an illiterate form of 'pakkie'(which for the benefit of readers in Durban, I should point out is a small parcel), but a derogatory term used by some in the UK for people of Pakistani origin, although it must be said that the average user of the term is unlikely to give much thought to whether the person he's dissing (or worse still, bashing) originates from Pakistan, India, Bangladesh or Sri Lanka. The European Court was not swayed by the argument that some people of Pakistani origin are quite happy to use the word themselves, and are clearly not offended by it. A bit Big Brother all this - 'We'll tell you what you find

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