Trade mark judgements are few and far between in sub-Saharan
Africa with probably South Africa being the only exception.
So it is pretty rare to get two within the space of a few days.
Neither judgement is particularly impressive, but there are lessons
to be learnt from each one.
The Supreme Court of Zambia recently gave judgment in the matter
of DB Brothers Industries ( Pty) Ltd v Olivine Industries (Pty)
Ltd, a case where a trade mark application had been opposed on the
basis of an identical mark which, although unregistered, had been
used significantly and, therefore, enjoyed a reputation in
Zambia.
The issue that the court had to decide on was very simple: had
the Registrar erred in holding that Zambian law did not allow the
owner of an unregistered trade mark with a reputation—a
common law right as it is sometimes called—to oppose a
trade mark application for the same mark or a similar mark?
