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Legal Matters: Trademark and logos – what we need to know.

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South Africa's African National Congress (ANC) lost a legal bid to stop the MK party from using the name and logo of its former armed wing. The governing party had argued that uMkhonto we Sizwe (MK), headed by former President Jacob Zuma, had breached the trademark law. But the Durban High Court disagreed, allowing the use of the name, which translates as Spear of the Nation. It is a significant victory for the MK party ahead the 29 May general election. It ha been noted that neither the ANC, nor the MKP could prove to court that they could claim the trademark, because they had both failed to register it as a trademark. A search on the Companies and Intellectual Property Commission (CIPC) website proved that the logo trademark belonged to Legacy Projects. The CIPC is the legal custodian of trademarks and intellectual property. If youre asking what does all of this mean? Well this evening on Legal Matters, Marius Gerber, Intellectual Property Specialist at Witz Incorporated Inc., joins us to educate about how the Trade Marks Act, 1993 (Act 194 of 1993) says about trademarks and logos.

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