Battle for rooibos trademark rages on

RAY SMUTS AS A protracted legal battle rages on in the United States to claim the rooibos tea trademark as uniquely South African - not to be shared by any other country or individual - an important hurdle has been overcome which might augur well for an industry largely dependent on exports for its livelihood. A district court in Missouri has ordered that US businesswoman Virginia Burke-Watkins cancel her registration to the rooibos trademark, ruling it is a generic or descriptive name for a tea which cannot, as such, be registered. She has noted an appeal but a court decision may well take as long as a year. In the event of a ruling in favour of scrapping the trademark, it will be able to be used freely.