Analysing the Trademark Disputes Surrounding the WARRIOR WITH SPEAR Device 

Bredenkamp IP Blog, Trademark Disputes, Trademark Registrations

Trademark

According to intellectual property attorneys Brian Wimpey and Karel Bredenkamp of Bredenkamp Intellectual Property Attorneys, the WARRIOR WITH SPEAR Device depicted here: 

Trademarks

 

 

 

 

was initially registered by Legacy Projects NPO in 2014 under number 2014/22089 in class 41. This registration encompassed education, entertainment, political speech writing, and cultural activities including legacy projects. 

This trademark registration was recently renewed and is, on the face of it, valid. However, there is always a possibility that the Legacy Projects trademark is expungable for non-use if Legacy Projects have not used it, and Legacy Projects may also not be the proprietor of the copyright in the artwork (WARRIOR WITH SPEAR Device).  This remains to be seen. 

ANC Trademark Applications 

The African National Congress (ANC) is the applicant for two trademark applications related to the WARRIOR WITH SPEAR Device: 

  1. 2023/26510 in class 45 for political services including advisory, information, communications, consultancy services; political campaign consulting, and organisation of political meetings; 

and 

  1.  2023/26509 in class 36 for fundraising activities. 

Legal Disputes and Implications 

The ANC has apparently initiated an application in the Durban High Court against MK for alleged trademark infringement concerning the WARRIOR WITH SPEAR Device by using, without consent, the following device: 

uMKHONTO WESIZWE

 

 

 

 

A Trademark Registration is a perquisite to seeking relief under the Trade Marks Act, and the ANC seemingly does not own a trademark registration for the WARRIOR WITH SPEAR Device either as depicted in Legacy Projects’ trademark registration or apparently as has been used by the ANC in the past, namely, 

MKHOTO WE SIZWE

Potential Expungement and Challenges 

If Legacy Projects is not the bona fide proprietor of 2014/22089 WARRIOR WITH SPEAR Device, the ANC is entitled to pursue expungement of the registration if it believes that the registration will pose a bar to registration of its class 45 and 36 trademark applications.    

Unfortunately, we do not have all the facts of the case, and which trademark registrations the ANC is depending on to enforce its alleged rights. But unless we are missing crucial facts, the ANC seems to be in an almighty upward battle to succeed against MK and to obtain registration of their trademark applications in light of the Legacy Projects trademark.  

Listen to our trademark attorneys media interviews:

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