trade marks - africa and international

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ARIPO TRADE MARK REGISTRATIONS NOW ALSO ENFORCEABLE IN ZIMBABWE - BY STEPHEN HOLLIS
Thursday, August 18, 2011
Zimbabwe has enacted new trade mark legislation (on 10 September 2010) which gives proper recognition to ARIPO trade mark registrations in Zimbabwe. The African Regional Industrial Property Organization (ARIPO) was founded in 1976 and in 1993 the Administrative Counsel of ARIPO adopted the Banjul Protocol on Trade Marks which provides for the filing of a single trade mark application at the ARIPO office (Harare) which will cover any member state(s) designated by the applicant.

A BIT OF YADDA YADDA ABOUT INSURANCE AD - BY DELENE BERTASSO
Thursday, August 18, 2011
Overcast day…….sandy beach……rolling waves……suited men…… Does the aforementioned call to mind a recent advertisement flighted on National television - Santam’s advertisement featuring increasing doubles of Sir Ben Kingsley advertising insurance services?

DISTINCTIVE TRADE MARKS: A KENYAN PERSPECTIVE - BY JOHN SYEKEI & ANDREW NDIKIMI IN ASSOCIATION WITH BOWMAN GILFILLAN
Thursday, August 11, 2011
The High Court of Kenya, in the recent case of Mathew Ashers Ochieng –vs- Kenya Oil Company Limited & Kobil Petroleum Limited (civil case No. 377 of 2007) has held that descriptive expressions or slogan such as “PROUDLY KENYAN”, which are widely used and familiar within the public domain, should not be registrable as trade marks. In this case, the plaintiff, who had registered the words “PROUDLY KENYAN” (the “Slogan”) as a trade mark, filed an injunctive application to restrain the defendants (Kenya Oil Company Limited and Kobil Petroleum Limited) from inter alia using the Slogan in the course of their trade on the grounds, inter alia, that the plaintiff was the registered proprietor of the Slogan for use in advertising, business management, business administration and office functions under class 35.

INTELLECTUAL PROPERTY AND THE NEW COMPETITION ACT IN KENYA - BY JOHN SYEKEI - COULSON HARNEY IN ASSOCIATION WITH BOWMAN GILFILLAN
Thursday, August 11, 2011
“Future Competition in the World is IP Competition” – Chinese Premier, Wen Jiabao. Kenya’s newly gazetted competition law, cited as the Competition Act Chapter 12 of 2010, laws of Kenya (the “Act”) is yet to be given a commencement date. Once the Act is in force it will repeal the Current Restrictive Trade Practices Monopolies & Price Control Act (the “RPTA Act”).

THE NAME OF THE GAME - BY SAJIDHA GAMIELDIEN
Wednesday, August 10, 2011
A look at Company and Close Corporation Name Objections: another way to tackle infringers Trade mark infringement does not only take place through the unauthorised use of a registered trade mark on a particular set of goods, or in relation to certain services, but also through the use of a particular trading name, close corporation name or a company name.

YOGI REFERS TO YOGHURT – RIGHT? - BY SAJIDHA GAMIELDIEN
Wednesday, August 10, 2011
In an opposition hearing before the Registrar of Trademarks, Clover SA (Pty) Limited (Clover) opposed the registration of a trade application for YOGI-YO in the name of Dairy World (Pty) Limited (Diary World). Whilst the Registrar has not yet handed down a written decision with reasons for his finding, he dismissed Clover’s opposition with costs at the end of the hearing. A brief summary of the facts and arguments follow below.

MIND YOUR LANGUAGE: PROTECTION OF TRADEMARKS IN OTHER LANGUAGES - BY JANINE THOMAS
Wednesday, August 10, 2011
The High Court of South Africa recently handed down an interesting decision in a matter involving the alleged infringement of the registered trademark CHAMELEON by the use of the word LOVANE. The word LOVANE is derived from the Xhosa word ULOVANE which, when directly translated into English, means”chameleon”.

HAVE SA LAWS BEEN AMBUSHED BY FIFA? - BY DEBBIE MARRIOT
Friday, April 30, 2010
There is a lot of excitement at the moment regarding the World Cup tournament: coming soon to a stadium near you. There is also a lot of hype too about the numerous laws that regulate the promotion of products and brands around this event, and in particular, the prohibitions against so-called ambush marketing. Ambush marketing is the attempt by a non-sponsor to associate his brand with an event and to thereby derive special promotional benefit from the significant publicity that the event attracts.

CURRENT PRACTICE AND SHOPPING CENTRE TRADE MARKS - BY VICKY STILWELL
Monday, July 06, 2009
A recent Practice Amendment Notice issued by the United Kingdom Intellectual Property Office raises some concern about the previous and seemingly current South African practice surrounding the description of services rendered by shopping centres when filing applications for registration of shopping centre trade marks.

IPL MOVE TO RSA - IPRIGHT BY DARREN OLIVIER
Friday, March 27, 2009
In under a month the Indian Premier League (IPL) will be hosted in South Africa. IPL organisers moved the tournament from India to South Africa when the Indian government refused to sanction the match schedule because it clashed with federal elections causing security concerns. In just three weeks IMG (the sports marketing giant responsible for organising the tournament) will have the huge task of organising and selling 59 IPL games across eight SA cities.

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