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

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


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.”
— Carl Van Rooyen, Partner at Spoor And Fisher

“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.”
— Carl Van Rooyen, Partner at Spoor And Fisher 
“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.”
— Carl Van Rooyen, Partner at Spoor And Fisher

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.”
— Carl Van Rooyen, Partner at Spoor And Fisher

“In theory, he still has a damages claim against Benny.”
— Carl Van Rooyen, Partner at Spoor And Fisher
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