Monday, 21 September 2015

The intimate question of class 25/3 similarity up next in #SandtonDiscussion

Can you concentrate?
fashionmg-style.com
This week on #SandtonDiscussion, the group takes a look at the case of Chantelle v Designer Group (Pty) Ltd. This judgment was handed down in the North Gauteng High Court on 24 April 2015.

It is an appeal against the dismissal by the Registrar of Trade Marks of the Chantelle’s opposition to the registration of the trade mark CHANTELLE which has applied for in class 3 (cosmetics etc) by the South Africa company Designer Group. Chantelle is a French company which has registered the trade mark CHANTELLE in South Africa covering items of fashion, in particular, intimate apparel, underclothing and swim suits in class 25. The key question is whether these goods in class 25 are similar to those in class 3 such there exists a likelihood of confusion. 

RSA already has a similar decision in South Africa (Danco Clothing) based on previous legislation where it was decided that a likelihood of confusion would exist where identical marks covered goods in class 3 and 25 generally. This is contrary to the Registry decision. To find out what the High Court has to say, log on to your twitter accounts at 9am CAT.

The discussion will be led by @maureenthuto at 09h00 CAT.

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