Arjo Wiggins Limited v Idem (Pty) Limited and another

In this case the Court was faced with an application for the partial expungement of a trade mark specification on the ground of non-use. The proprietor of the trade mark under attack had used the trade mark in question, IDEM, in relation to certain goods for promotional purposes. The goods in question were not sold, but were distributed to the trade mark proprietors’s customers free of charge, in the advertisement of its business services.