Takis Biltong: Guarding against trade mark snack attacks
In South Africa few names evoke the savoury delight of biltong quite like Takis Biltong. This family-owned business, cherished by many for over four decades, recently found itself in a protracted legal tussle against international food giant Grupo Bimbo. But as reported recently, while Takis Biltong emerged victorious in the courtroom, the battle to protect its brand continues on supermarket shelves. This snack-saga not only highlights the challenges faced by local brands but also underscores the need for vigilance and proactive measures in the world of trade mark protection.
Imagine crafting the perfect biltong recipe, a snack loved by millions in Mzansi, only to find a foreign snack, masquerading under a deceptively similar name, trying to muscle its way onto your turf. That’s exactly what happened when Takis Fuego, a tortilla chip brand owned by Grupo Bimbo, started appearing in South African stores. Despite operating in different food categories, the visual similarity between the two brands’ logos created confusion among consumers, leading to a drawn-out legal battle that culminated in December 2023.
The journey to protect Takis Biltong’s trade mark was, ironically, a salty and dry process. Starting in 2015, the case wound its way through various legal corridors, with initial setbacks followed by a triumphant appeal. The Supreme Court of Appeal eventually ruled in favour of Takis Biltong, recognising the potential for consumer confusion and ordering the cancellation of the Takis Fuego trade mark in South Africa.
But, like a piece of biltong left out in the sun, the victory quickly began to spoil. Despite the court ruling, Takis Fuego products continued to appear on local shelves, imported by third-party suppliers who seemed to either ignore or remain unaware of the legal restrictions. This unauthorised presence not only undermines the court’s decision but also threatens Takis Biltong’s market share and brand integrity.
Snack Attack: Lessons for Brand Owners
For South African brand owners, the Takis Biltong saga offers a meaty lesson in the importance of vigilance and proactive defence of intellectual property. Here are a few takeaways:
- Register Early and Thoroughly: Takis Biltong’s initial trademark registration in 2007 was crucial in its legal defence. Ensuring comprehensive registration across all relevant categories can provide a stronger shield against infringement.
- Monitor the Market: Regularly survey the market for potential infringements. Early detection can prevent small issues from ballooning into costly legal battles.
- Legal Readiness: Having a robust legal strategy and access to skilled IP attorneys can make a significant difference. As Takis Biltong demonstrated, persistence in the face of initial legal setbacks can ultimately lead to victory.
- Consumer Education: Engage with your consumer base to clarify any confusion. A well-informed customer is less likely to be swayed by knockoff products.
- Address Unauthorised Imports: Work closely with customs and trade authorities to monitor and block unauthorised imports of infringing products.
Takis Biltong’s experience is a testament to the resilience required to protect a brand in today’s global market. Despite the ongoing challenge of unauthorised Takis Fuego imports, the company’s determination remains unyielded, much like the tough, flavourful strips of biltong it produces. For other South African brands, the lesson is clear: stay vigilant, act decisively, and never underestimate the power of a well-protected trade mark.
In the end, protecting your brand is akin to preserving the quality of your finest biltong – it requires careful attention, dedication, and a willingness to take on challenges head-on. By doing so, you can ensure that your brand remains a trusted favourite among consumers, free from the threat of ‘tacky’ imitations and low tactics by competitors.
By Gaby Meintjes | Director