4
[5]
In 2010 the appellant decided to enter the processed pepper business
in respect of small sweet peppers such as those made by the respondents
and other producers in South Africa. Consequently it applied for the impugned
trade mark PEPPAMATES under its proposed business name Dinnermates.
[6]
The appellant’s proposed trade marks are depicted as follows:
The details of the goods covered by the relevant trade mark applications are
as follows:
2010/09722 29 –
Meat, fish, poultry and game; meat extracts; preserved,
frozen, dried and cooked fruits and vegetables; jellies;
jams, compotes; eggs, milk and milk products; edible oils
and fats.
2010/09721 30 –
Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial
coffee; flour and preparations made from cereals, bread,
pastry and confectionery, ices; honey, treacle; yeast,
baking-powder;
salt,
mustard;
vinegar,
sauces
(condiments); spices; ice.
2010/09723 31 –
Agricultural, horticultural and forestry products and grains
not included in other classes; live animals; fresh fruits and
vegetables; seeds, natural plants and flowers; foodstuffs
for animals; malt.
[7]
It is not disputed that the goods in respect of which the appellant seeks
to register its mark are identical to and fall within the category of goods for
which the respondents obtained registration of their marks. The common