The African National Congress (ANC) has recently taken legal action against the newly formed uMkhonto weSizwe (MK) party, demanding that the organisation change its name and logo.
Supported by former president Jacob Zuma, the MK party has adopted the name and logo of the ANC’s former armed wing, raising concerns of trademark infringement and confusion among the public.
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In a six-page cease-and-desist letter obtained by SurgeZirc SA, the ANC, represented by its lawyers, argues that it has used the MK trademark for several decades. While there may be slight differences between the ANC’s MK logo and that of the party in question, the similarities are significant enough to pose a risk to the governing party.
Although Zuma’s logo is in colour and the spear is not positioned above the MK soldier figure’s head, the ANC maintains that these differences are likely to deceive or cause confusion among the public.
The party further contends that the use of the name and logo by the new party, associated with Mr. Jabulani Khumalo, could result in unfair advantage-taking and potentially harm the distinct character of the well-known MK brand.
The ANC also presents a case for its historical use of the name MK, dating back to its inception in 1961. The party highlights its recent acquisition of the MK trademark from a non-profit organisation called Legacy Projects. This acquisition further strengthens the ANC’s claim to the name and logo, adding weight to their legal argument.
Registered with the Independent Electoral Commission (IEC) in September, Khumalo and his MK Party have been given until the 29th of December to comply with the ANC’s demands or face potential court action.
This dispute between the ANC and the MK party raises important questions about intellectual property rights, brand recognition, and the potential for confusion among the public. Trademarks, such as the MK logo, hold significant value for political parties and organisations as they serve as visual representations of their identity and history.
For the ANC, the MK logo carries immense historical and symbolic significance. It represents the party’s struggle against apartheid and its commitment to the liberation of South Africa. Therefore, any unauthorised use of the ANC’s logo and name by another political entity is seen as a direct challenge to the ANC’s legacy and reputation.
On the other hand, the MK party, supported by Zuma, may argue that they have a legitimate claim to the name and logo. As a faction within the ANC, they may believe that they are the rightful inheritors of the MK legacy and should be able to use its name and symbolism for their political activities.
Ultimately, the resolution of this dispute will depend on legal interpretations of trademark law and the extent to which the MK party’s use of the name and logo could cause confusion among the public. It remains to be seen whether Khumalo and his party will comply with the ANC’s demands or challenge them in court.
Regardless of the outcome, this case highlights the importance of protecting intellectual property rights and the need for clear guidelines and regulations surrounding the use of political party names and logos.
As political landscapes evolve and new parties emerge, it is crucial to ensure that the public can differentiate between different organisations and make informed choices during elections.
 has taken legal action against the newly formed uMkhonto weSizwe (MK) party, demanding a change in name and logo. This blog post explores the dispute, highlighting the importance of intellectual property rights and the need for clear guidelines surrounding the use of political party names and logos.){kind=link}