Rooibos litigation proceeds

RAY SMUTS
EVEN though South Africa's rooibos tea growers were not exactly rushing to crack open the celebratory wine last week, hopes have been raised that the United States may well cancel the name rooibos as a trademark. But it is unlikely to happen overnight.
Their ire is undiminished over the fact that a fellow South African had the temerity to register in foreign climes a uniquely South African product which has once again strongly reinforced the message that this country must vigorously protect that which is exclusively its own.
It is clear the Americans were in the dark about rooibos being a truly generic product when a non-contested application was made for a trademark in 1994 by South African entrepreneur Dr Annique Theron who later transferred it to Texas business associate Virginia Burke-Watkins of Burke International.
Rooibos Ltd m.d. Martin Berg told FTW "While she (Burke-Watkins) has the trademark in place she is fully empowered to stop all rooibos exports to the US which could cost our industry hugely.
"All we are looking to from her is a disclaimer that we will be entitled to export into the US on the same basis as she, but given her track record I do not think so."
Even though positive noises are emerging from the US Patent and Trademark Office about the likelihood of the rooibos trademark being cancelled, Berg points out litigation with that office could take at least two years at an estimated cost of around R1,5 million. But Eleanor Meltzer, a US attorney adviser, says (despite Burke-Watkins' threat) trading will not be stopped during the litigation process, which has the full backing and support of the South African Department of Trade and Industry.
Rooibos is only grown in the Cape and the annual harvest is 8 000 tons of which half worth R80 million is exported.
Although this mineral-rich, caffeine-free, brew is gaining popularity in the US and other countries, Germany with around 2 200 tons remains by far the largest single consumer.