Why outsiders can’t use the
NWU’s trademarks
Eish! spoke to a senior legal advisor from Legal Services at the
Institutional Office about the implications of this ruling.
Q: Why can’t a person or group outside the NWU use our registered trademarks – in this case PUK?
A: Under common law, the NWU has had an exclusive and vested right to the use of the names PUK or PUKKE for decades – since before the merger when the university was still the Potchefstroom University for Christian Higher Education. This is over and above the statutory protection we have according to the NWU’s registrations in terms of the Trade Marks Act.
As such, the words and trademarks such as PUK, PUKKE, PUKKIE, PUKKI, are important assets belonging to the NWU, and must be protected from unauthorised use, which could lead to confusion, deception and/or dilution.
Q: Does this apply to all our registered trademarks?
A: Yes, it does. The NWU has a total of more than 72
registered, protected trademarks in at least 140 classes,
and outside parties and persons are not allowed to use
any of these, without pre-approved authorisation by the
university.
If the NWU was a company, no one would question its right to enforce the law to protect its assets. When we forbid a person or organisation to use the names PUK or PUKKE or any of our other registered trademarks without our permission, we don’t do it because of any hidden agenda or ulterior motives – we do it simply because it is unlawful.
Q: How can the NWU be harmed when a person or group outside the university uses our trademarks?
A: By using our trademarks, outside parties may create the idea that the party, institution or group is connected with and/or authorised by the university and this may cause confusion and/or deception.
It is also not acceptable if people, institutions or groups use our trademarks for their own commercial gain, for instance offering short courses while pretending to be part of the NWU.
In addition, using our trademarks should not prevent us from using the trademarks ourselves. (For instance, by registering the internet domain name www.propuk.co.za and www.eks-n-puk.co.za,the outside party has deprived us from using that particular name, although we have the right to use it.)
When people or groups use our trademarks in bad faith –
in other words in a manner that reflects negatively upon
the NWU – it can decrease the value of the overall NWU
brand or damage our good name. In fact, it can
sometimes even lead to the disruption of our business
activities or prevent us from reaching our goals.
Q: Are there other organisations using PUK as such, and/or other NWU trademarks, as part of their names?
A: On an ongoing basis, there has indeed been misuse of the NWU’s important assets, and the NWU takes legal steps against this kind of unlawful use on a regular basis.
Q: Under which circumstances are persons, groups or institutions outside the NWU allowed to use some of our trademarks, for instance our logo or abbreviations?
A: They are allowed to do so when for example the NWU is sponsoring or taking part in an event, when the NWU is partnering with them in a project, or when there is a definite cooperation and/or licensing agreement, such as a Memorandum of Understanding, between them and the university.
However, the principles mentioned in the above answers still apply: there should not be any confusion about the outside party’s connection with the NWU, the trademark should not be used in bad faith or for their own commercial gain (without a definite agreement with the NWU) and it should not disrupt our business activities or infringe upon our rights to use and register the specific trademark.
