Aspen loses trademark, removed from register

Aspen has withdrawn its appeal to the Supreme Court of Appeal to review its Andosept product. This follows the successful opposition to Aspen's application for leave to appeal a ruling made in December last year by competitor and producer of Andolex, Wirra. The High Court found that the trademarks were so similar, as to be likely to cause confusion.

The North Gauteng High Court has ordered the Register of Trademarks to remove Andosept from the register, which spells the end of the brand.

"After having been refused leave to appeal by the High Court in Pretoria, Aspen applied to the Supreme Court of Appeal for leave to appeal, but has now withdrawn that application", says Dale Healy, partner at the law firm Adams & Adams. "This signals the end of its sale of this product."