Will The Virus Get Your Trade Mark?

The outbreak of the COVID-19 pandemic has devastated multiple industries and caused a rapid disruption of global supply chains. In an effort to curb the spread of the virus, South Africa has, like many other countries worldwide, implemented strict lockdown measures which have restricted people's movement and brought most commercial activity to a standstill.

Many businesses across various industries are currently unable to operate and, in some cases, maintain use of their trade marks. Unfortunately, there is currently no way of knowing how long these businesses will be restricted from trading and, in so doing, make use of their brands, as there is no knowledge of when the outbreak will abate. This pandemic therefore raises the question of whether the trade marks of the impacted enterprises will, in due course, face the risk of cancellation based on non-use, or if the COVID-19 pandemic would constitute a valid defence to a non-use action.