Vitamin Foods (1989) Limited v Scotch Whisky Association, Miscellaneous Civil Appeal No. 5 of 1999, High Court of Tanzania at Dar es Salaam
Vitamin Foods (1989) Limited v Scotch Whisky Association, Miscellaneous Civil Appeal No. 5 of 1999, High Court of Tanzania at Dar es Salaam
Chipeta, J.
Date of Judgment: October 1, 1999
Facts
The respondent, the Whisky Association, applied to the Registrar for the removal of a trade mark registration in the name of the appellant, Vitamin Foods (1989) Ltd. The respondent claimed that the appellant’s trade mark was deceptive and likely to cause confusion between the respective parties’ products. The appellant raised two preliminary objections: (a) that the respondent had no locus standi because it had no registered trade mark of its own in Tanzania or the United Kingdom, and (b) that the application had not been properly signed. Both preliminary objections were dismissed. The appellant appealed to the High Court.
Holding
The expression “person aggrieved” under section 36 of the Trade and Service Mark Act should be interpreted liberally.
Decision
The respondent was a lawfully registered company that sought to protect and promote its reputation vested in Scotch Whisky throughout the world. It was therefore a party aggrieved in terms of section 36 of the Trade and Service Mark Act.