The Department of Trade and Industry (the dti) in terms of the Merchandise Marks Act, 1941 published a notice on 04 February 2014 for the proposed prohibition of the use of certain words. The European Union requested the prohibition of the use of certain words in connection with any trade, business, profession, or occupation or in connection with a trade mark, mark or trade description applied to goods, other than the use thereof by producers of the goods from the countries indicated in the Gazette.
The categories of products are (1) fruit, vegetables and cereals fresh or processed; (2) cheeses; (3) meat products; (4) olive oil; (5) fisheries product; (6) beer; and (7) other products.
The names listed may only be used to refer to products in the categories, and which is produced in accordance with the conditions for each category as set out on the dti website – http://www.thedti.gov.za/business_regulations/SA_EU.jsp
Comment due by 06 March 2014.
On 22 February 2014, an “Information Notice – Public Consultation: Geographical Indications from the Republic of South Africa” appeared in the Official Journal of the EU. The notice contains a number of wine names, and Honeybush and Rooibos, with Karoo Lamb being absent. As mentioned in an earlier column the protection of Karoo Lamb under the Merchandise Marks Act is still due. Comment is due by 22 April 2014