Government supports rooibos trademark case

Published Jan 28, 2004

Share

The local rooibos industry received a major financial boost in its continued efforts to get the tea's trademark rights back from an American company.

Since 2001, the industry has spent more than R1,5-million to convince an American court in Washington that the rooibos name belongs to South Africa because it is a generic name.

The Western Cape government has decided to donate

R250 000 to the court action.

Said government spokesperson Nigel Gwynn-Evans: "We will be depositing a cheque for R250 000 into Rooibos Limited's account in the next three or four weeks."

He added that the money had already been budgeted for last year to help Rooibos Limited in their fight.

In 1994, Stellenbosch businesswoman Anique Theron registered the Rooibos trademark in America and then sold it to her American agent, Virginia Burke-Watkins, for R60.

The case has been pending in the Washington patent and trademark court since 2001.

Rooibos Limited Managing Director Martin Bergh said he was pleased that their initial approach to the national department of trade and industry and the provincial government for financial assistance had paid dividends.

Rooibos only grows in the Western Cape and is considered one of the most effective natural anti-oxidants.

Bergh said the industry was worth an annual R180-million in turnover and R280-million in retail value.

"This is from exporting 6 000 tons annually at R20/kg, and selling locally another 4 000 tons at R15/kg," he said.

Bergh said their attorney, Jan Stander, was busy preparing the merits of the case and that the money would enable them to bring a proper case.

"We will be filing evidence to show that the word rooibos is descriptive or generic and can't be monopolised.

"We have lots of evidence, even from American literature dating back to the 1930s showing the word rooibos used as a descriptive term," Stander said, according to Sapa.

Their case was strengthened after an American distributor of rooibos also brought an application against Burke-Watkins.

Related Topics: