Timber iQ February - March 2019 // Issue: 42 | Page 14

ASSOCIATIONS
Trademark woes brought to light
The unauthorised use of the ITC-SA trademark and logo is
strongly discouraged, warns the institute.
By the Institute for Timber Construction South Africa (ITC-SA)
PROTECTING THE CONSUMER
A professional body like the ITC-SA has the intent to protect
the public interest in relation to the services provided by its
members and the associated risks. Recognised and
accredited professional bodies like the ITC-SA are mandated
to develop, award, monitor and revoke its professional
designations in terms of its own rules, legislation and / or
international conventions.
The role of the ITC-SA is to ensure consumer protection
in the use of timber engineered products in contracts
entered into with the ITC-SA membership and to regulate
the professional conduct of its members. Where prima facie
evidence confirms professional misconduct, in order to
protect the consumer and the reputation of the industry, the
ITC-SA will apply proper sanctions.
Conversely, enlisting the services of a contractor who is
not a member of the ITC-SA will waive this ‘safety net’ and
the consumer will have to pursue remedial or legal action at
their own expense.
Individuals or entities who are not members of the
ITC-SA, but who claim to be, are urged to desist in using all
infringing trademarks, being the ITC-SA trademark, and / or
12 FEBRUARY / MARCH 2019 //
T
he ITC-SA has learnt that its trademark and logo have
been used inappropriately by several unscrupulous
contractors in the industry who are advertising to
the general public their purported association with
the institute.
The ITC-SA is the registered proprietor of, among others,
trademark no.2006/14222 ITC SA in class 37 in respect of,
inter alia, ‘Construction; installation; development,
maintenance and repair services; information services
relating to the aforegoing including in relation to
construction, installation and fitment of timber and roofing
trusses; services ancillary and related to the aforegoing in
class 37’.
Apart from the various trademarks which the ITC-SA
owns, it has also made extensive use of these for many
years and, as such, substantial reputation and goodwill are
attached to these trademarks, which are afforded special
protection by the Trade Marks Act.
According to Amanda Obbes, ITC-SA general manager,
“Advertising a business as being a member of the institute,
creating the false perception of association with or
endorsement by the ITC-SA is not only potentially damaging
to the reputation of the ITC-SA, its stakeholders and the
industry, but puts consumers, many of whom prefer to enlist
the services of ITC-SA accredited contractors, at risk through
knowingly deceiving them.”
By virtue of its trade mark registration, the ITC-SA and its
members are entitled to its exclusive use in relation to the
services covered by such registration.
any confusingly similar marks in relation to their business.
This includes the use of the aforementioned trademarks on
invoices, webpages, websites and any advertisements
which may deceive the general public in relation to the
individual’s or entity’s association with the ITC-SA.
Failure or neglect to comply with the above may result in
legal proceedings taken up on an urgent basis for an
interdict restraining such use, damages as well as any other
form of ancillary relief, the costs of which will be for the
account of the defendant.
IN LINE WITH THE LAW
“By virtue of its trade mark registration, the ITC-SA and its
members are entitled to the exclusive use of this mark in
relation to the services covered by such registration. Any
unauthorised use of the mark ITC SA (or any name
confusingly similar thereto) in relation to those services, or
similar goods or services, constitutes infringement of these
trade mark rights and / or constitutes common law passing
off,” says Obbes.
“The role of the ITC-SA is to ensure consumer protection
in the use of timber engineered products in contracts
entered into with the ITC-SA membership and to regulate
the professional conduct of its members for a better
industry overall. As such, the general public and the trade
are encouraged to check in with the ITC-SA timeously and
before any project is initiated to verify the membership
status of their chosen contractor before any formal work
commences, as a preliminary safeguard and for peace of
mind,” she concludes.
www.timberiq.co.za