The role of trade mark law in food-labelling regulation: A buttery battle between Clover SA (Pty) Ltd and Siqalo Foods (Pty) Ltd

This article considers the role of trade mark law in food-labelling regulation with reference to Clover SA (Pty) Ltd v Siqalo Foods (Pty) Ltd (ZAGPPHC) and the subsequent appeal in Siqalo Foods (Pty) Ltd v Clover SA (Pty) Ltd (SCA). Our courts accept that the test to establish if the use of a mark contravenes s 6 of the Agricultural Product Standards Act 119 of 1990 (‘APS Act’), as read with the relevant regulations, is synonymous with establishing whether or not there is a likelihood of deception or confusion under trade mark law. The article also discusses the meaning of a trade mark and its relevance to labelling letter-size restrictions under the Dairy Regulations issued in terms of the APS Act. The article also highlights the different roles and functions of the Minister of Agriculture under the APS Act and the Registrar of Trade Marks under the Trade Marks Act 194 of 1993 in considering the distinguishing features between trade mark law and food-labelling regulation.