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 Unilever Plc applied to register the trade mark 2004/20128 SKIN FOOD in class 3 in relation to a range of cosmetic products, including skincare preparations. Designer Group Holdings Limited opposed the application, claiming that the mark SKIN FOOD is inherently unregistrable. Designer Group argued that it does not constitute a mark, consists exclusively of a sign or indication that may serve, in trade, to designate the kind, intended purpose or other characteristics of the goods, and consists of a sign or indication that has become customary in the established practice of the trade. |
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 North Gauteng High Court Case nr 10654/09, 20 July 2009 The Road Accident Fund terminated the mandate of its attorneys, Brugmans Inc, and appointed Bell Dewar Attorneys to act further on its behalf in the application. The Road Accident Fund will be delivering the further record requested from it in terms of Rule 30A(1) today. To date, the Minister of Transport has not furnished the further record, which was requested in terms of various Rule 30A(1) notices. |
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 On 8 July 2009, the European Court of Justice’s Court of First Instance handed down another decision that relates to the registerability of shapes as trade marks. The matter related to an appeal that was brought against a decision of the European Trade Mark Registry’s (OHIM) Board of Appeal to cancel a trade mark that consisted of the shape of Mars Inc's famous BOUNTY chocolate. The registered trade mark (front portion indicated below) displayed three "chevron" designs on the top and, according to Mars, consisted of uniquely rounded edges. The mark originally proceeded to registration on the basis that the “chevron” designs and the shape of the chocolate had acquired a distinctive character through extensive use in the course of trade. |
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 Whilst Adams & Adams has always advised on competition law related matters, as the importance of this field of expertise has become commercially more relevant, the Competition Law Group was established in 2009. The group centralises competition law expertise in the firm and provides professional advice, not only on competition law, but on the interface between competition law and intellectual property. It advises on issues around, for example, prohibited practices, mergers and acquisitions, exemption applications and the interface between intellectual property and competition law. |
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 Africa is becoming an increasingly attractive market for products and services both from a South African and a broader perspective. With increased opportunities comes increased risk, however, and this risk must be managed when you decide how to protect your intellectual property in the region. Intellectual property (IP) is territorial in nature. That means it is necessary to take steps to protect your IP in countries that may possibly fall outside your immediate sphere of business to ensure that your rights are protected in future should you decide to enter regional markets down the line. |
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 The stand alone commercial law section of Adams & Adams, which forms part of the Commercial, Property and Litigation department has now been in existence for more than two years. |
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 The Competition Commission is celebrating its 10-year anniversary later this year. It has reason to celebrate as there is consensus that the commission has ensured that the Competition Act (“the Act”) has become a central point in the South African commercial landscape. A number of high-profile cases have enjoyed prominence in the media and the commission is steadily increasing its enforcement capacity. Compliance with the Act has steadily moved up on the agendas of board meetings as failure to do so could deliver a destructive blow to any company’s reputation and financial position. To read more on this topic see: Competition law breaches are a corporate governance risk. |
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 The following list is a guide to the patent protection available in each country. Download pdf |
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 Mozambique recently celebrated the 10th anniversary of its Industrial Property system and the 5th anniversary of the establishment of an Intellectual Property Office (IPO). Adams & Adams actively participated in the celebrations and was presented with an award for applying for the first trade mark in Mozambique (No 1/99) – that of the firm itself. Adams & Adams Chairman, Chris Job, accepted the award from the Minister of Industry and Commerce, at a Gala Dinner marking the occasion. |
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 North Gauteng High Court Case nr 10654/09 22 June 2009 In terms of the review application, the Road Accident Fund and the Minister of Transport had to produce records and thereafter in terms of Rule 53(4) the applicants would have an opportunity to amend their notice of motion and produce supplementary affidavits (arising from the records). Only once the applicants had filed their amended notice of motion and supplementary affidavits would the respondents have to file their answering affidavits, whereafter the applicants could reply. |
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 The Ugandan Revenue Authority (URA) had detained toothpaste products which substantially imitate Colgate-Palmolive Company’s Colgate Herbal toothpaste packaging. The only difference in the packaging is the use of the mark “Collage” instead of “Colgate”. The manner in which it is represented makes it easy for the word to be mistaken for the famous Colgate brand. There is a draft Counterfeit Goods Bill in the pipeline in Uganda which is very similar to South Africa’s Counterfeit Goods Act 37 of 1997, but has not yet been passed by the Ugandan government. |
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 Adams & Adams has been mentioned in the 2009 edition of the influential publication The Legal 500 as first choice for international referrals in intellectual property law as it boasts a distinguished track record on the most complex and high profile disputes in South African courts. The publication names chairman Chris Job a top IP litigator and partner Suzaan Laing as having a good name for trade mark matters. |
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 Élio Teixeira of Adams & Adams Mozambique contributed a chapter to Getting the Deal Through – Trademarks 2009 (online edition), edited by Joseph Nicholson and Stuart Sinder and reproduced here with permission from Law Business Research Ltd. Teixeira’s chapter answers questions such as “How long does it typically take, and how much does it typically cost to obtain a trademark registration?” and “What is the burden of proof to establish infringement or dilution?”, as they apply to Mozambique. For further information, please visit www.GettingTheDealThrough.com. |
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 Facebook (the popular social networking website) has announced that it will, from 13 June 2009, allow its users to create personalized URLs for their Facebook pages. Trade mark owners have been granted the opportunity to prevent their trade mark from being registered as a username by submitting details of their trade mark registration to Facebook, Inc. through its trade mark protection contact form, available at: http://www.facebook.com/help/contact.php?show_form=username_rights |
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 The Competition Commission is celebrating its 10th anniversary later this year. It has reason to celebrate, as it has ensured that the Competition Act has become a central point in the South African commercial landscape. A number of cases have enjoyed prominence in the media and the Commission is steadily increasing its enforcement capacity. Compliance with the Act has steadily moved up on the agendas of board meetings as failure to comply could deliver a destructive blow to any company’s reputation and financial position. To read more on this topic see: Competition law breaches are a corporate governance risk. |
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The firm practises directly in several Southern African countries and through long-established associates in others.
