The rapper has accused Mayengani who recently packed Giyani Stadium #FillUpGiyaniStadium for using the #FillUp name, which he claimed it was his trademark.
Recent reports, reveals that Cassper does not own and has not registered #FillUp trademark.
The rapper last week told Metro FM, that he registered the trademark a year ago and he owns it.
TshisaLIVE reveals that the application was processed and “accepted with conditions.”
“The office has issued an official action setting out the conditions for acceptance of the application. The trademark applicant needs to respond in writing to the office agreeing to the conditions in order for the application to proceed to acceptance,” senior manager at CIPC’s Head Of Trademarks Division Fleurette Coetzee explained to TshisaLIVE.
In this case, the rapper has not responded and, as a result, the application has not been advertised.
In the report, Lawyer Graeme Gilfillian confirms to TshisaLIVE that no one can take legal action;
“Presently neither could stop the other from its use – neither owns the trademark. Also, if the trademark has not been registered, a third party if not time barred can register an objective. Its unwise to make noise without registration.”
Carl Van Rooyen, Partner at Spoor And Fisher, also confirmed to 702 that the trademark is not registered.
“The trademark is not registered. It’s still pending”.
“Until it’s registered, he’s got a piece of paper that sits there with DTI. For the time being, he’s got no registered rights. So there is no way he can take Benny to court on the basis of trademark infringement.”
Cassper did reveal the matter is currently with his lawyers. However, EFF jumped on ship to confirm that they will support and defend Benny Mayengani.