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#FillUp trademark is not registered, it's still pending- Lawyer

702 logo702 2018-09-10 Zanele Zama
a man wearing a hat: FILE: South African hip-hop musician Refiloe Phoolo, aka Cassper Nyovest. Picture: Radio 702. © Supplied. FILE: South African hip-hop musician Refiloe Phoolo, aka Cassper Nyovest. Picture: Radio 702.

Social media and the entertainment industry has been abuzz the past week over the #FillUp tagline.

This comes after rapper Cassper Nyovest said he has trademarked #FillUp and no other artist should use it.

Tsonga music artist Benny Mayingane recently used the phrase to fill up Giyani stadium with over 25 000 people.

Some people questioned why the rapper would trademark a common phrase and the EFF called him a bully.

To understand the concept of trademarks, Lee Kasumba spoke to Carl Van Rooyen who is a partner at Spoor And Fisher.

"The trademark is not registered. It's still pending ... In the context of all this dispute, I think this is very important because, in terms of the trademark act, you only acquire rights from the date it is registered," Van Rooyen said.

"Until it's registered, he's got a piece of paper that sits there with DTI. For the time being, he's got no registered rights. So there is no way he can take Benny to court on the basis of trademark infringement."

However Van Rooyen says assuming that the trademark is later registered by DTI, Nyovest can claim for damages from Mayangani for the ticket sales.

"If the registration is complete, then the certificate will date back to 2016 ... In theory, he still has a damages claim against Benny."

Listen to the full interview below...

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