Spoor & Fisher - Intellectual Property law specialists Patents, trade marks, copyright, design, domain names, South Africa and Africa

GHANA Accedes to Madrid Convention

Mac Spence

On 16 June 2008 the Republic of Ghana deposited its instrument of accession to the Madrid Protocol 1989. The Protocol will therefore

30/06/2008

Trade Mark Translation - A Literal Problem

Joseph Lin

There can be no questioning the status of China as a major player in the global trade arena. China is the second largest trading partner

5/06/2008

Zambia - No Extensions of Time for Trade Mark Oppositions

Mac Spence

In a letter to practitioners the Registrar of Trade Marks has announced a change in procedure, regarding applications for extensions of time to oppose trade mark

23/05/2008

The United Kingdom and Kenya - The Kikoy Controversy

Mac Spence

Having been a Kenya advocate since 1969 and worn the kikoi long before that, I rejoice at the failure of The Kikoy Company UK Limited to register

20/05/2008

Madagascar Joins Madrid Protocol

Matthew Costard

Madagascar has joined the Madrid Protocol, and its membership will come into effect on 28 April

6/03/2008

Gambian Registry Resumes Publication of the Trade Marks Journal

Matthew Costard

We are delighted to advise that, after a break of many years, the Gambian Registry has resumed publication of the Trade

6/03/2008

Opening Shots at 2010 Goal

Dr. Owen Dean

The main objective of Federation Internationale de Football Association (FIFA) for the 2010 World Cup Tournament is to make it a success not only

12/12/2007

African Countries Updating IP Laws - The WIPO Initiative

Mac Spence

In an article New IP Law in Cape Verde published on this site on 1 November 2006, we told of the revival in Cape Verde of a Portuguese IP code dated 1940

14/11/2007

GAMBIA: New Industrial Property Act is Brought into Force

Mike Sevant

The Industrial Property Act (CAP. 95:03) was recently brought into force with effect from 2 April 2007. It repeals: The Registration of United Kingdom

20/11/2007

Quicker, Cheaper and Effective: Proceedings Before the Advertising Standards Authority

Delene Bertasso

These words are music to the ears of all plaintiffs and their attorneys in litigious matters. High Court Litigation has attracted the unfavourable

14/11/2007

South Africa - Red Cross Emblem Abusers Finally Brought to Heel

Ryan Tucker

For many years, the South African Trade Marks Office has regularly seen attempts by abusers to utilise the Red Cross Emblem in trade marks. With the

14/11/2007

Important Changes in U.K. Trade Mark Examination Procedures which will Affect Rights of CTM Trade Mark Holders

Kay Rickelman

Starting 1 October 2007, the U.K. Intellectual Property Office (UK-IPO) will be making significant changes in the procedures they use to examine trade mark

28/09/2007

Somalia & Somaliland - a Brief Profile Regarding the Registration of Trade Marks

Mike Sevant

Somalia is situated in East Africa with a coastline that borders the Gulf of Aden and the Indian Ocean. It shares borders with Djibouti

28/09/2007

“Country of Origin”- Labelling Requirements for Textile Goods

Herman Blignaut

Embattled local clothing and textile manufacturers have received a measure of support through the enactment of new labelling requirements

3/08/2007

The First .co.za Domain Name Dispute is Decided

Megan Reimers

The Adjudicator in the first co.za domain name dispute lodged with SAIIPL in South Africa has refused to order the transfer of the domain name

22/06/2007

Trade Mark Law Does Not Give Copyright Protection: Open Season for Comparative Advertising

Charles Webster

In a recent judgement in the case of Verimark – v – BMW the Supreme Court of Appeal (SCA) has reduced the scope of protection hitherto afforded

4/06/2007

Alternative Domain Name Dispute Resolution Procedure

Megan Reimers

There has recently been a welcome development in relation to domain name dispute resolution in South Africa. Domain name disputes have arisen more

14/05/2007

Important News! Service Marks Now Accepted in Nigeria

Chris Walters

It has been announced from Nigeria that trade mark protection is now available for service marks, by virtue of an order made by the Federal Minister of Commerce...

30/03/2007

Ambush Marketers Beware! 2010 FIFA World Cup is a Protected Event

Donald Thipe

Ambush marketing in the context of the FIFA World Cup can be defined as an attempt by a third party, which in most instances is a competitor of an official

6/11/2006

Gripe Sites, Culture Jamming & Media Activism - Can You Prevent the Unauthorised Use of Your Trade Mark?

Tracy Rengecas

It has become an article of faith among marketing gurus that brand owners should listen to and communicate with their consumers

1/12/2005

Service Marks in Africa

There has been a recent flurry of activity as regards the registration of service marks in Africa. Zanzibar is the latest jurisdiction to allow such registrations

1/03/2005

The Lion Sleeps Tonight - Update

Dr. Owen Dean

The ongoing battle to have Solomon Linda recognised as the originator of "The Lion Sleeps Tonight" came a little closer to victory on 7 September 2004

Disney has 3 Weeks to "Free" Mickey Mouse

Dr Owen Dean

The summons and particulars of claim in the landmark Solomon Linda case were served on Disney Enterprises Inc in the United States of America on 13 July 2004

Mickey Mouse, Donald Duck and Others "Kidnapped & Held Hostage" in Extraordinary Legal Proceeding

Dr Owen Dean

Leading copyright lawyer at Spoor & Fisher, Dr Owen Dean, has been awarded a court order authorizing him to attach legendary Disney

Circular No 357: Industrial Property Developments in Africa and Surrounding Islands

Mac Spence

Eritrea - Trade mark protection by cautionary notices. The Government of Eritrea, which for some years would not accept cautionary notices

Mozambique Trade Marks - The Need to File a Declaration of Intent to Use

Mozambique is a former Portuguese territory and its trade mark legislation (the Industrial Property Code) contains some characteristics of Portuguese

Circular No 368: Mauritius - Patents, Industrial Designs & Trade Marks Regulations 2004 -The Protection Against Unfair Practices (Industrial Property Rights) Regulations 2004

In our Circulars Nos. 356 and 358, we reported the enactment of the Patent, Industrial Designs and Trade Marks Act 2002, and The Protection Against

Kenya - Summary of Trade Mark Law Amendments 2002 - 2003

Mac Spence

The Trade Marks Law of Kenya has been closely based on that of the United Kingdom pre-1994 including provisions for service marks

Freedom to Corrupt a Trade Mark - Revisited

Owen Dean

There has been a recent flurry of activity as regards the registration of service marks in Africa. Zanzibar is the latest jurisdiction to allow such

1/11/2006

Botswana - Accession to Madrid Protocol

Tracy Rengecas

Botswana acceded to the Madrid Protocol on 5 September 2006. It will, however, only become a party to the Madrid Protocol with effect

1/11/2006

Audio Transcription of Interview on Classic FM on 25 September 2006 ; Copyright, Designs and Trade Marks

Herman Blignaut

Tony Blewitt: Once again on Classic breakfast we are talking Intellectual Property, in actual fact we are talking trade marks . . .

25/09/2006

New IP Law in Cape Verde

Mike Sevant

Until now, it has not been possible to file trade mark applications in the former Portuguese colony of Cape Verde; there was no physical

1/11/2006

Registrability of Container Marks Questioned

Charles Webster

This article first appeared in the June 2006 edition of Trade Mark World. Die Bergkelder Beperk – v – Vrendendal Koöp Wynmakery

1/08/2006

New Industrial Property Legislation in Mozambique

Marco van der Merwe

On June 12, 2006 a new Industrial Property Code in Mozambique came into force. This article focuses on the main changes brought about by

1/11/2006

New Draft Trade Mark Legislation in Ethiopia

Tracy Rengecas

Ethiopia has prepared draft legislation which, once promulgated, will bring about a more normal registration system to replace the

1/07/2006

South Africa Designates the 2010 FIFA World Cup as a Protected Event

Velile Memela

International sports events provide entertainment for millions of fans world-wide. As business ventures they can generate revenues amounting to

1/06/2006

Audio Transcription of Interview on Classic FM on 19 June 2006; Usage and Protection of Trade Marks

Carl Van Rooyen

We are continuing our talk on Intellectual Property with Spoor & Fisher and in the studio this morning we have Carl van Rooyen, a partner

19/06/2006

Audio Transcription of Interview on Classic FM on 12 June 2006; What is a Trade Mark and How to Register One

Carl Van Rooyen

We are continuing our talk on Intellectual Property with Spoor & Fisher and in the studio this morning we have Carl van Rooyen, a partner

12/06/2006

South Africa - Trade Mark Prosecution Procedure Streamlined

Tyron Grant

In the December 2005 Patent Journal, the South African Registrar of Trade Marks issued a practice note (Practice Note 1 of 2006) which came

1/05/2006

Important IP Information for SA Exporters

Tracy Rengecas, David Cochrane & Andre Meyer

The number of South Africans exporting products to foreign countries has grown over the last few years, but many of these exporters are

1/02/2006

Zimbabwe - Classification of Retail and Wholesale Services

Stephen Goldberg

We are pleased to report that the Zimbabwe Controller has now confirmed that retail and wholesale services are classified in class 35

1/11/2005

Circular No. 349: Madrid - An African Perspective

The Madrid System, which is governed by the Madrid Agreement and Madrid Protocol, has proved to be an effective and relatively inexpensive

1/09/2005

The Madrid Protocol - Understanding an International Trade Mark Registration

Shamin Raghunandan

In September 2003, South Africa approved the ratification of the Madrid Protocol but indicated that our accession to the Protocol would be

1/10/2005

Zimbabwe Adopts 8th Edition of Nice Classification and Substantially Increases Official Fees

On 19 August 2005, without prior notice, new trade mark regulations were published in Zimbabwe. The new regulations

1/09/2005

Spoor & Fisher Comment on the SAB vs “Laugh it Off” Case: Both Rights Enjoy Equal Status Before Court

Dr. Owen Dean

The issues involved in the South African Breweries (SAB) vs Laugh it Off case are not new. In 1996, the Constitutional Court rendered a

1/06/2005

The Laughing is Over – Setback for Trade Mark Dilution

Charles Webster

The most significant trade mark judgment since the McDonald’s case was handed down by the Constitutional Court of South Africa on 27

1/06/2005

Getaway/Wegbreek - Translation of a Trade Mark Constitutes Infringement - Update

Shamin Raghunandan

WEGBREEK, the Afrikaans outdoor magazine has announced that it has changed its name to WEG. This follows the ruling of the Cape High Court

1/04/2005

Counterfeit Goods and Transshipment in South Africa

Stephen Goldberg

On November 30, 2004, the South African Supreme Court of Appeal gave its ruling in the matter of A M Moola Group Limited and others versus

1/04/2005

Getaway / Wegbreek – Translation of a Trade Mark Constitutes Infringement

Shamin Raghunandan

The Afrikaans language travel and outdoor leisure magazine, WEGBREEK, first published in April of 2004 by New Media Publishing, has been

1/02/2005

Trade Mark Articles