ARTICLE · 23 JANUARY 2014

Plain Packaging Legislation And Its Potential Effect On Trade Marks

Von Seidels

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Internationally there is a potential legislative threat to trade mark law in the form of plain packaging legislation.

South AfricaIntellectual Property

Linde Steyn

Internationally there is a potential legislative threat to trade mark law in the form of plain packaging legislation. Australia was the first country to adopt such legislation, the Tobacco Plain Packaging Act, 2011 ("the Act") restricting and prohibiting the use of logos and the like on the packaging of tobacco products. The Act imposes significant restrictions on the colour, shape and finish of retail packaging for tobacco products. It prohibits the use of trade marks on such packaging, other than in a manner specifically permitted. Therefore, trade marks can only be used in a bland, word mark form and no logos, device marks or label marks may be featured on the packaging of tobacco products. As French CJ, from the High Court of Australia explained:

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