Blog

First to Use

First to Use What is First-to-Use? This means that the first person / entity that actually made use of the mark in connection with the goods and/or services for which they’re applying, will obtain registration and may prevent others from using it. This is...

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First to File

First to File What is First-to-File? This means that the first person or entity that applies for a trade mark, will obtain registration and may prevent others from using it.  This person / entity will have the rights thereto, regardless of whether another...

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Patent Registration in the U.S

Patent Registration in the U.S  International Patents The role of the USPTO is to grant patents for the protection of inventions in the United States of America. When the patent expires, the invention is freely available to the public. Patents are not...

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Patent Registration in India

Patent Registration in India International Patents An invention relating to a product or a process that is new, involving inventive step and capable of industrial application may apply for a  patent in India. An application for a patent may be filed by...

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Patent Registration in Malaysia

Patent Registration in Malaysia International Patents Malaysia’s intellectual property laws generally conform with international standards and provide adequate protection for trade mark owners. The establishment of the Intellectual Property Court in...

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Patent Registration in Australia

Patent Registration in Australia  International Patents Patents in Australia are granted and administered by IP Australia. Your invention must be unique, inventive or innovative in order to be patented. A standard patent gives you long-term protection and...

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Patent Registration in China

Patent Registration in China  International Patents Patents in China are granted and administered by the State Intellectual Property Office (SIPO). Intellectual property in China may be enforced by administrative authorities or through civil or criminal...

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Trade Mark Registration in Mauritius

Trademark Registration in Mauritius  International Trade Marks The Republic of Mauritius is an island nation in the Indian Ocean about 2000km off the southeast coast of the African continent. The government is closely modelled on the Westminster...

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Trade Mark Registration in Malaysia

Trademark Registration in Malaysia  International Trade Marks Malaysia’s intellectual property laws generally conform with international standards and provide adequate protection for trade mark owners. The establishment of the Intellectual Property Court...

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Franchising Legal Advice

Franchising Legal Advice Specialist legal advice on franchising and franchise contracts Franchise law is specialised and differs from other areas of law, thus you need find yourself an attorney that specialises in this specific type of law. Franchise...

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Trade Mark Registration in the U.S

Trademark Registration in the U.S  International Trade Marks Trade mark rights in the United States are established through use, thus the person or company that first and continuously uses a mark inside the U.S. is the one who will have preferential rights...

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Trade Mark Registration in India

Trademark Registration in India  International Trade Marks The Indian Trade Marks Registry often feature in the news for the slow progress of cases, loss of files and mass abandonment of applications. However, this has begun to change and in the last few...

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Trademarking

Trademarking As an entrepreneur or business owner, trademarking your name and/or logo is crucial to protecting your intellectual property from infringement. A trade mark is a recognisable sign, design, or expression which identifies your brand from those...

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How to Patent an Idea

How to Patent an idea in South Africa (and abroad) Keep your Idea a SECRET: It is important to keep your idea a secret because a patent may only be granted for an idea that i new, inventive and useful.  If your idea meets these requirements, generally, it...

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Know your IP

Know your IP IP (Intellectual property) is considered an asset for any business. Intellectual Property is an intangible asset which means that the asset is not physical, it is as the result of human creativity, thought and inventiveness, and this type of...

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Trade Mark Registrations and Information

Trade Mark Registrations and Information Trade Mark registrations provides wide-ranging protection against infringement of your brand. A trade mark is typically a word, name, phrase, logo, symbol, design, image, or a combination of these elements. Trade...

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The Yimi™ personal information system

The Yimi™ personal information system provides secure sharing and authenticating of information with service providers. It is an easy-to-use system for transmitting personal information from a client's smartphone with consent recorded on and tracking provided by our...

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Medical Record Management System

Medical Record Management System A medical record management system which includes a patient identification system operable to determine the identity of a patient, a database containing patient information, and a data interface connectable to a...

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ANC vs ADeC Logo

Since the African Democratic Change (ADeC) emerged as a new political party in South Africa it’s ADeC logo has drawn much attention because of its similarities to that of the ANC logo. The similarities included the use of the black, green and yellow colour...

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Congratulations to Rogan and Kelsey

Congratulations to Rogan and Kelsey! Smit & Van Wyk, Inc. proudly celebrate two of our candidate attorneys that have completed their articles of clerkship. On Monday 29 January 2018, Rogan Bruce and Kelsey Savig have been admitted as attorneys in the High...

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The Rain Catcher

The Rain Catcher Presenting our clients' patented invention, The Rain Catcher, which was developed in South Africa. The invention is a lightweight device that collects rain, which can in turn be used as safe drinking water. It is also suitable for post...

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Patent

Patent If you have created an invention that is new, useful and has the potential to generate an income for you buy either the function it perform, or by reproducing and selling the invention, you will be well-advised to apply for a patent on this...

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Noëlle Pearson Trade Mark Practitioner

Noëlle Pearson - Best Final Year Student On Wednesday 15 November the South African Institute of Intellectual Property Law (SAIIPL) voted to accept new fellows who qualified as Trade Mark practitioners in 2017. The afternoon lunch took place at the Pretoria Country...

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Design Rights: Functionality and Scope of Protection

Design Rights: Functionality and Scope of Protection Read Wessel van Wyk and Kimberley Rose Smith's contributions to the book published by Kluwer Law International and edited by Christopher V. Carani. Wessel van Wyk and Kimberley Rose Smith contributed to the Design...

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International Comparative Legal Guide to: Franchise 2018

International Comparative Legal Guide to: Franchise 2018 The ICLG series has been published. Read Esmari Jonker's contribution to the International Comparative Legal Guide series: Franchise 2018. Download Pdf Smit & Van Wyk, Inc. South Africa contributed to the...

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Trade Mark Facts South Africa

Trade Mark Facts South Africa A trade mark is a name, slogan or logo that distinguishes the brand of one entity from another. CIPC administers the register of trade marks in South Africa. The trade mark registration process in South Africa is quite...

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.africa domain success

.africa Domain Success Trademark owners have shown great interest in the new .africa geographic Top Level Domain (gTLD). dotAfrica (.africa) is the new generic Top Level Domain (gTLD) for the African continent. The .africa domain scored within the global...

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Presenting Steampunk Big Five

Presenting Steampunk Big Five The Steampunk Big Five is a series of five paintings, created especially for Smit & Van Wyk by South African artist, Carla Botes. Each painting depicts a member of the Big Five in the same colors of the corresponding Rand bank notes....

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UK triggers Article 50 to exit EU

It is officially the start of Brexit. Theresa May, the British Prime Minister, confirmed that the UK government has formally served Article 50 of the Lisbon Treaty on the European Union, signaling the divorce of a 44 year relationship. This is the beginning of a legal...

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Trade Mark Registration in China

Trademark Registration in China International Trade Marks Registering trademarks internationally is a smart move and whether you are currently selling overseas (or open to the possibility), getting protection for your brand is essential. Consider starting...

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