Merchandise Marks Act: Commentary called for protection of CAPE FLORA

Published Date: February 14, 2023

Notice has been published in terms of Section 15(1) of the Merchandise Marks Act of 1941 proposing the prohibition of use of the CAPE FLORA logo, depicted below, or similar drawings, which might cause confusion with any trade, business, profession or occupation or event, in connection with any trade mark, mark or trade description applied to goods, save where the use thereof is by the authority of CAPE FLORA SA.

If effected, the prohibition will be perpetual and absolute in nature. There will be strict labelling requirements attached to the protection of the CAPE FLORA logo. Proprietors of identical or similar marks already in use will, however, not be affected by the prohibition.

The public has 30 calendar days, i.e. until 5 March 2023, to submit written comments on the proposed prohibition of the use of the mark.

Source: GenN 1592 in GG 47989 of 3 February 2023 (p3)

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