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ARTICLE · 19 FEBRUARY 2024

The Country Where Biltong Rules

ENS
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On 14 December 2023, the South African Supreme Court of Appeal ("SCA") handed down its judgment in the case of Grupo Bimbo S.A.B. v Takis Biltong, a trade mark judgment that has people talking...

South AfricaIntellectual Property
Gerard Du Toit
Gerard Du Toit
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On 14 December 2023, the South African Supreme Court of Appeal ("SCA") handed down its judgment in the case of Grupo Bimbo S.A.B. v Takis Biltong, a trade mark judgment that has people talking and involved the following:

1423206a.jpg

Pic Credits: Law Libary

A Mexican and a South African

The names are a bit of a giveaway, but for the record, the Mexican company is Grupo Bimbo S.A.B., whereas the South African company is Takis Biltong (Pty) Ltd. Grupo Bimbo uses the trade mark TAKIS FUEGO (stylised), a mark which is registered in South Africa in class 30 for various foodstuffs, with the registration going back to 2012. Grupo Bimbo became involved in a dispute with Takis Biltong (Pty) Ltd, which has a 2007 trade mark registration for the mark TAKIS BILTONG in class 29 for meat. For the benefit of non-South African readers, biltong is a type of dried meat (think jerky if you're American), and it's very popular in South Africa.

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