Is it simply those South Africans who can afford to travel to
the UK, only to find that, thanks to the weakness of the rand, the
only shop they can afford is ... Primark?
The recent Supreme Court of Appeal
("SCA") decision in the matter
Truworths Ltd v Primark Holdings pertaining to well-known
trade marks is of significance. The issue: does the clothing retail
brand Primark enjoy protection in South Africa as a
"well-known mark"? In South Africa, as in many other
countries, the law provides protection to trade marks that,
although not registered, may be well known in the country. This is
in line with article 6bis of the Paris Convention.
Primark had a 1976 South African trade mark registration for
Primark in class 25 for clothing. The South African retailer
Truworths applied to cancel that registration on the basis of
non-use. Primark, had indeed not made use of the mark in South
Africa, but defended the cancellation on the basis that, as its
trade mark is
