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ARTICLE · 04 APRIL 2018

Peppamates

KISCH IP
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This would be tantamount to, for example, a supplier of grapes not being able to use a device of a bunch of grapes alongside its name and trade mark on its packaging/cartons.

South AfricaIntellectual Property
Juel Barnett
Juel Barnett
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When is a descriptive mark not a descriptive mark?

The issue of when is a descriptive mark not a descriptive mark is currently before the Supreme Court of Appeal in the matter between Dinnermates (Tvl) CC and Piquante Brands International (Pty) Ltd & Peppadew International (Pty) Ltd. This matter is an appeal against the decision of the Full Court upholding an opposition in terms of section 10(14) of the Trade Marks Act 194 of 1993, to the registration of the Appellant's trade mark applications for the mark PEPPAMATES (device) in the face of the Respondent's PEPPADEW (device) trade mark.

Section 10(14) deals with marks which are identical or similar to an existing trade mark registration, filed in respect of the same or similar goods or services, which are likely to deceive or cause confusion in the marketplace.

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