2
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ORDER
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On appeal from: The Gauteng Division of the High Court, Pretoria (Mothle,
Molopa & Hughes JJ sitting as court of appeal) judgment reported sub nom
Dinnermates (Tvl) CC v Piquante Brands International (Pty) Ltd and Another
2016 BIP 294 (GP):
1 The appeal is upheld with costs, such costs to include those consequent
upon the employment of two counsel.
2 The order of the full court is set aside and replaced by the following:
‘(a) The appeal is upheld with costs.
(b) The opposition to the registration of the subject trade mark applications
2010/09722 and 2010/09721 is dismissed;
(c) It is directed that the subject trade marks proceed to registration.’
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JUDGMENT
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Mathopo JA (Maya P and Wallis JA and Davis and Rogers AJJA
concurring):
[1]
The appellant, Dinnermates (Tvl) CC, is a close corporation involved in
the business of manufacturing and selling food products such as processed
meat and the sale of cooked pepper products. During 2010 it applied for the
registration of the trade mark PEPPAMATES and a device, consisting of a
pepper with a pepper stalk, in classes 29, 30 and 31. The first respondent, is
the registered owner of various trade marks, incorporating the mark
PEPPADEW, sometimes alone and sometimes in combination with a pepper
and pepper stalk. These registrations are in classes 29 and 30. The second
respondent is a licensee of the first respondent in respect of the use of the
said marks. For convenience, I refer to the appellant’s mark as
PEPPAMATES and the respondents’ marks as PEPPADEW and in both
cases that will be a reference to the mark together with the pepper device.