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Can you really trademark a hamburger?

17 May 2021 4:59 PM
Tags:
legal
trademark
rocomamas
Intellectual property
Smashburger

Pippa Hudson spoke to intellectual property lawyer Carla Collett to find out more trademark laws in practice.

A legal row last month between burger franchise RocoMamas and local takeaway business Rack n Grill thrust into the spotlight the area of law dealing with trademarks.

RocoMamas threatened small business owner Muammer Kasu with legal action over the use of the name ’’Smash Burger’’ on his menu.

On Monday, CapeTalk's Pippa Hudson spoke to intellectual property lawyer Carla Collett to talk about the purpose of a trademark.

(Listen to the full conversation, including an update from Rack n Grill, by clicking at the bottom of the page:)

What is a trademark?

A trademark can be a name, a signature, a word, a letter, a numeral, you can even go as far as to trademark a colour, or a container or a shape.

Carla Collett, Partner specializing in intellectual property - Webber Wentzel

What's the purpose of a trademark?

It's to distinguish goods and services for which the trademark is used, from the same kind of goods and services of another person. It's a badge or origin.

Carla Collett, Partner specializing in intellectual property - Webber Wentzel

Collett gives the example of the 'golden arches' of McDonalds, or the 'swoosh' of sporting brand Nike.

RELATED: Food truck boss slams RocoMamas for underhanded statement on 'Smash Burger' saga

Listen to the full conversation on trademark law from Lunch with Pippa Hudson:




17 May 2021 4:59 PM
Tags:
legal
trademark
rocomamas
Intellectual property
Smashburger

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