Mark Owners Must Take Greater Care

Authors

No authors found

Share this

Share on twitter
Share on facebook
Share on linkedin
Share on whatsapp
Share on email

Trade marks slipping through the cracks of loose corporate structures and corporate governance.

We are all aware of the many complex commercial decisions businesses have to make on a day-to-day basis, including budget meetings, marketing meetings, supply chain management, quarterly reports, human resources management issues, and the like.

Many articles have been written highlighting the dangers and risks that these (often overwhelming) decision-making processes and tasks can have when it comes to considering intellectual property protection for a business.

The purpose of this article is, therefore, not to delve into and provide an exhaustive list of common “mistakes” that are often made with respect to intellectual property (particularly trade mark) management. Instead, the aim is to build on the concerns that have been addressed in the past with reference to two recent decisions that have been handed down by the South African Supreme Court of Appeal in the matters of Herbal Zone (Pty) Limited vs Infitech Technologies (Pty) Limited and four others and Morris Material Handling Limited vs Morris Material Handling (Pty) Ltd. Both these judgments highlight the dangers to trade mark owners, from a proof of use perspective, in not setting up their corporate structures properly and not taking greater care in avoiding vagueness and ambiguity in their corporate / marketing materials.

Read the full article here, written for and published by World Trademark Review.

By Hugo Prinsloo, Trademark and Copyright Attorney, assisted by Lindy le Roux, Trademark Department

Mark Owners Must Take Greater CareMark Owners Must Take Greater Care

Recent news

Zambia finally promulgates a new Trade Marks Act

Zambia finally promulgates a new Trade Marks Act

12 February 2024 The Patents and Companies Registration Agency (PACRA),…
Libyan Trade Marks Office issues new regulations and resumes publication of accepted marks

Libyan Trade Marks Office issues new regulations and resumes publication of accepted marks

Despite continuing conflict in Libya, the government is finally taking…
Export of intellectual property assets by South African exchange control residents

Export of intellectual property assets by South African exchange control residents

11 December 2023 A common theme when dealing with transactional…