Century City Apartments Property Services CC v Century City Property Owners’ Association

Century City is a large mixed-use development in Cape Town. The respondent, Century City Property Owners’ Association, owned several registered trade marks consisting of the words “Century City” (and related device marks) in various classes, assigned to it by the developer. The first appellant, Century City Apartments Property Services CC, operated as an accommodation agent within Century City and used the name “Century City Apartments” as its business/brand name and domain name (centurycityapartments.co.za). The Association alleged that this use infringed its registered trade marks, constituted passing-off, and that the appellant’s corporate name was undesirable. The appellant denied infringement and counter-applied for revocation/rectification of the trade mark registrations on the basis that “Century City” had become a geographical descriptor.

The appeal was upheld with costs. The High Court order was set aside and replaced. The Association’s application was dismissed with costs. On the counter-application, trade mark registrations 1997/14283 (class 41), 1997/14281 (class 36), and 1997/14282 (class 42) were revoked, and registration 1997/14280 (class 35) was rectified by deleting the words “management services”. The Association was ordered to pay the costs.

The case is significant for clarifying the distinction between trade mark use and descriptive use of geographical names in South African trade mark law. It provides authoritative guidance on infringement analysis under the Trade Marks Act 194 of 1993, particularly regarding confusing similarity, device marks, and the treatment of geographical indications following the harmonisation of South African law with EU trade mark principles.