Mohamed Jameel Hamid

Introduction In today’s digital marketplace, the battle for consumer attention is fought not only on store shelves but also on search engines. With Google Ads enabling businesses to bid on competitors’ trade marks as keywords, an important question arises: does this constitute legitimate competition or unlawful exploitation? Industry estimates suggest that Google processes approximately 16.4 […]

The concept of distinctiveness is a central and often contested feature of trade mark law. As with many provisions within intellectual property frameworks, the statutory requirements relating to distinctiveness have necessitated further judicial interpretation. This article examines how distinctiveness is addressed in the Trade Marks Act 194 of 1993 (the “Act”) and considers key cases […]

In a significant ruling, the Tanzanian Court of Appeal—the highest court for both Mainland Tanzania and Zanzibar—held that trade marks registered through ARIPO are unenforceable in Tanzania.   The Lakairo Case In Lakairo Industries Group Co. Limited v. Kenafrica Industries Limited  (Civil Appeal No. 593 of 2022), the Court ruled on trade mark infringement claims […]

Last year, Zambia passed the Trade Marks Bill 2023 in an effort to revise its archaic trade mark legislation prescribed by the Trade Marks Act (Chapter 401) 1958 (“the Old Act”). The Old Act has been in force for more than six decades. The Old Act did not provide for the registration of service marks […]

Africa is a vast continent and is often underestimated, both from a business but also from a brand protection perspective. Africa’s land mass exceeds that of India, China, the United States and Europe combined. It is also the second most populous continent, with over 1.3 billion people – or about 16.5% of the world’s population. […]

Each year the South African Institute of Intellectual Property Law (“SAIIPL“) administers and runs the Trade Mark Practitioner examinations. These are practice-based examinations that, if passed, allow the candidate to formally qualify as a Trade Mark Practitioner and automatically become a Fellow of the Institute. These examinations are tough, consisting of a series of introductory […]