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FIFA applies for 2010 trademark control

FIFA has applied for a range of emblems to be trademarked in South Africa and prohibited for use and is probably resting easy in terms of this being one issue that it need not have to worry about. Ever since ambush marketing legislation was promulgated in South Africa just before the Cricket World Cup took place here a few years ago, these laws have been used by a number of other countries as a legislative model for international sponsored events.

But, South Africa has certainly not just rolled over and allowed blanket bans to take place on anything to do with 2010 FIFA World Cup. But has been very democratic and correct about it all with an invitation for public scrutiny and objections to FIFA's request - as is required by the Merchandise Marks Act.

FIFA's request is wide ranging and predictably includes all variations of the South Africa 2010 logo and all the country and relevant logos of all of the previous football world cup events as well all previous world cup emblems, pictures or drawings of the FIFA World Cup Trophy and Jules Rimet Cup.

Also applied for are the following descriptives:

  • 2010 FIFA WORLD CUP SOUTH AFRICA
  • WORLD CUP 2010
  • RSA 2010
  • FOOTBALL WORLD CUP
  • FIFA WORLD CUP
  • SOUTH AFRICA 2010
  • SA 2010
  • 2010 FIFA WORLD CUP
  • AFRICA 2010
  • SOCCER WORLD CUP
  • WORLD CUP
  • SOUTH AFRICA WORLD CUP
  • 2010
  • ALL NAMES OF ALL SA VENUE CITIES WITH THE FIGURE 2010 BEHIND THEM
  • TWENTY TEN
  • WORLD CUP SOUTH AFRICA
  • CONFEDERATIONS CUP
  • WIN IN AFRICA FOR AFRICA
  • FOOTBALL FOR A BETTER WORLD

If all of these are trademarked it can be assumed that when Ambush Marketing Laws are also applied, companies and brands that are not FIFA sponsors will be prohibited from carrying any of these in their advertising.

Interested persons are invited to submit, in writing, any objections to Mr Netshitenzhe, director of commercial law and policy, Pretoria 0001, fax number: +27 (0)12 394 2506 or email .

The closing date for objections is 2 August 2007.

This request for objections was published, through notice 787 of 2007 in the government gazette, on 21 June 2007, made available on 2 July 2007.

The Minister of Trade and Industry will take into account objections from the public as well as the principles within South Africa's legislation in this area when he decides whether or not to grant the requested trademarks.

The Government acknowledges FIFA's intellectual property rights as one of its guarantees: www.sa2010.gov.za/government/guarantees.php. Protection of intellectual property and marketing rights will be done in accordance with current South African legislation: www.sa2010.gov.za/government/merchandise_marks.php.

About Chris Moerdyk

Apart from being a corporate marketing analyst, advisor and media commentator, Chris Moerdyk is a former chairman of Bizcommunity. He was head of strategic planning and public affairs for BMW South Africa and spent 16 years in the creative and client service departments of ad agencies, ending up as resident director of Lindsay Smithers-FCB in KwaZulu-Natal. Email Chris on moc.liamg@ckydreom and follow him on Twitter at @chrismoerdyk.
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