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#FillUp trademark is not registered, it's still pending- Lawyer

10 September 2018 4:15 PM
Tags:
trademark law
#CassperNyovest
benny mayengani
#fillup
trademark
Partner at Spoor And Fisher Carl Van Rooyen explains how trademarks work and the process of registering one.

Social media and the entertainment industry has been abuzz the past week over the #FillUp tagline.

This comes after rapper Cassper Nyovest said he has trademarked #FillUp and no other artist should use it.

Tsonga music artist Benny Mayingane recently used the phrase to fill up Giyani stadium with over 25 000 people.

Some people questioned why the rapper would trademark a common phrase and the EFF called him a bully.

To understand the concept of trademarks, Lee Kasumba spoke to Carl Van Rooyen who is a partner at Spoor And Fisher.

The trademark is not registered. It's still pending.

Carl Van Rooyen, Partner at Spoor And Fisher

In the context of all this dispute, I think this is very important because, in terms of the trademark act, you only acquire rights from the date it is registered.

Carl Van Rooyen, Partner at Spoor And Fisher

Until it's registered, he's got a piece of paper that sits there with DTI. For the time being, he's got no registered rights. So there is no way he can take Benny to court on the basis of trademark infringement.

Carl Van Rooyen, Partner at Spoor And Fisher

However Van Rooyen says assuming that the trademark is later registered by DTI, Nyovest can claim for damages from Mayangani for the ticket sales.

If the registration is complete, then the certificate will date back to 2016.

Carl Van Rooyen, Partner at Spoor And Fisher

In theory, he still has a damages claim against Benny.

Carl Van Rooyen, Partner at Spoor And Fisher

Listen to the full interview below...


10 September 2018 4:15 PM
Tags:
trademark law
#CassperNyovest
benny mayengani
#fillup
trademark

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