17/07/2026
🏉 Can you still say “Go Bokke”?
A recently Gazetted notice may have opened one of South Africa’s most interesting IP debates. At SARU’s request, the Minister has proposed declaring the upcoming Rugby’s Greatest Rivalry Tour a protected event under the Merchandise Marks Act. The public comment period on this notice closes on 23 July 2026.
Protecting major sporting events and sponsors against ambush marketing is legitimate. This notice, however, appears to cast the net far wider. The proposed prohibited marks include BOK, BOKKIE, BOK FRIDAY, various logos and even rugby-shirt designs, including a plain white jersey with a green collar.
But where should the line be drawn between protecting commercial rights and protecting South Africans’ ability to support their national team? “Bok Friday” is part of our sporting culture. Schools, charities, businesses and supporters wear green and gold to show national pride, STEYN IP included. “Go Bokke!” is part of our rugby vocabulary, while words such as “bok” and “bokkie” are also used in entirely unrelated contexts.
The notice raises legal questions too. It appears to blur protected-event status under section 15A with prohibited-mark protection under section 15(1), leaving room for debate about its scope, duration and enforceability.
Sponsors and rights holders deserve protection. But if ordinary words, familiar phrases and broad colour combinations become subject to criminal prohibitions without clear limits, the law may begin to affect the very culture and public support that make South African rugby commercially valuable.
At STEYN IP, we advise on brand protection, advertising compliance and the Merchandise Marks Act, and represent clients facing unjustified enforcement. Contact us for advice on rugby-themed campaigns or submissions on the proposed SARU notice.
PS: We hope you are showing your national pride this “last day of the week in support of a jumping animal…” 🦌🏉