ARTICLE
27 November 2020

What Do I Want To Drink Today? Data Search Reveals African Filing Trends

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Inventa

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Inventa is a leading Intellectual Property Law Firm, specialized in the protection and internationalization of trademarks, patents, industrial designs, copyright and domain names. With over 50 years of experience in Portugal, the European Union and all the African jurisdictions, Inventa has served thousands of clients holding large trademark and patent portfolios, and other entities dealing with R&D daily. Furthermore, our experience allows us to understand the caveats of the different industries since we maintain relationships with clients from different sectors, including food and beverages companies, communications, IT, pharmaceuticals, manufacturers, oil & gas companies, financial institutions, business services companies and more. Our headquarters are based in Lisbon, Portugal, and we also have offices in Angola, Mozambique, Nigeria, Cape Verde, Sao Tome, East Timor and Macao.
Trademark application numbers can reveal a great deal about a country.
Worldwide Intellectual Property
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Trademark application numbers can reveal a great deal about a country. This article takes a closer look at the trademark databases of the African Intellectual Property Organisation (OAPI), Angola, Cape Verde, Mozambique and South Africa to reveal how the alcoholic and non-alcoholic beverages sector varies among African jurisdictions. But before presenting the data, it is important to note that most databases are not public and because of this, the following information may contain some inaccurate statistics.

It is also worth noting that there are two classes for beverages:

  • Class 32, which includes non-alcoholic beverages and beer; and
  • Class 33, which includes alcoholic beverages other than beer.

OAPI

Over the past seven years, OAPI has received an average of 450 beverage-related trademark applications per year. Drinks in Class 32 represent about 70% of these.

The main applicants are:

  • Brassivoire;
  • Diageo Ireland;
  • Beverage Trade Mark Company Limited;
  • Fan Milk International AS;
  • Societe Anil Sarl;
  • Patisen SA;
  • Groupe Abbassi;
  • Monster Energy Company CA;
  • E & J Gallo Winery CA;
  • Noble Spirits (Pty) Ltd;
  • Khazaal Industries;
  • Cowbell International Inc;
  • Fortune Industries Ltd;
  • Castel Freres;
  • Compagnie Gervais Danone;
  • Laurent-Perrier;
  • Toto Limited;
  • The Coca-Cola Company GA;
  • Pepsico Inc NY; and
  • Société Lakhi Industries Benin Sarl.

Angola

Inventa International found a database with almost 8,500 trademark applications in Angola. Class 32 is the ninth most-requested class of all applications. In particular, 2009, 2014 and 2015 proved to be highly profitable years for the beverage sector, with more than 740 trademark applications each year. The main applicants were:

  • Modelo Continente Hipermercados SA;
  • Refriango – Indústria E Comércio Geral, Limitada;
  • Companhia Brasileira De Distribuição;
  • WSB World Soft Drinks Limited;
  • Sanzi – Comércio Geral Importação E Exportação, Limitada;
  • Cabire Alimentos Lda;
  • Overseas International Trading Angola Company Limitada;
  • The Coca-Cola Company GA;
  • Yamaha Corporation; and
  • Newaco Grupo Lda.

Cape Verde

Cape Verde has a much lower number of applications than the other countries analysed in this article. Even so, it was possible to access a little more than 600 trademarks applications in Classes 32 and 33. The difference in numbers per class is small, with 55% of filings designating Class 32.

The main applicants are:

  • Diageo Brands BV;
  • The Coca-Cola Company;
  • Sogrape Vinhos SA;
  • Diageo Scotland Limited;
  • Rauch Fruchtsäfte Gmbh;
  • Tecnicil Industria SA;
  • Unilever NV;
  • Pernod Ricard;
  • Chivas Holdings IP Limited; and
  • Sumol + Compal Marcas SA.

Mozambique

Almost 1,600 applications designating Classes 32 and 33 were found on the Mozambique register. What is more, the difference between classes is significant, with 61% of applications designating Class 32. In recent years, the average number of applications has been fairly constant, reaching almost 100 per year.The main applicants are:

  • Tropigalia Lda;
  • Navya Distilleries Lda;
  • Sabmiller International BV;
  • Yaafico Industrial Lda;
  • Wal-Mart Stores, Inc AR;
  • Chivas Holdings IP Limited;
  • Bakhresa Grain Milling Mozambique Lda;
  • KWV Intellectual Properties Pty Ltd;
  • Cervejas De Mocambique SA;
  • Mozamvini Distribuicao, Limitada; and
  • Sumol + Compal Marcas SA.

South Africa

South Africa has more than 32,000 trademark applications for Classes 32 and 33, with 56% of applications in Class 33. In the past 10 years, the average number of applications has grown, reaching more than 1,000 applications per year.

The main applicants are:

  • DGB (Proprietary) Limited;
  • Stellenbosch Farmers' Winery Limited;
  • Tiger Food Brands Intellectual Property Holding Company (Proprietary) Limited;
  • The Coca-Cola Company GA;
  • The South African Breweries (Pty) Ltd;
  • Trans-Scripto (Pty) Ltd;
  • KWV Intellectual Properties (Pty) Ltd;
  • Pioneer Foods Groceries (Pty) Ltd;
  • Société Des Produits Nestlé SA; and
  • Rogge Cloof (Pty) Ltd.

This is a co-published article, which was originally published in the World Trademark Review (WTR).

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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