Role of the Patent Lawyer in South Africa
February 3, 2010
Patents
Oftentimes the terms Patent Lawyer, Patent Attorney or Patent Agent are used interchangeable. In short a person who wants to act as a patent lawyer in South Africa must be qualified in engineering and the law.
The patent lawyer acts on behalf of the client regarding patent filings and oppositions.
All legal aspects surrounding patents fall within the work scope of the patent lawyer. As such whether a person wishes to file a patent application, simply wants a patent search done, requires assistance with the setting up of a patent license agreement, or want to oppose a patent application, the patent lawyer should be the first stop.
Patent applications may go through when you apply directly, but you will also face the risk of several lawsuits or opposition if you have not done your research on its originality, usability, and the requirements as set out by the Patent Office for a patent to be valid. As such the first person to speak to before commencing with any application should be the patent lawyer.
Trademark Attorney
February 3, 2010
Trade Marks ™ ®
Trademark Attorney’s role in selection of an appropriate category for registration.
The trademark attorney is especially important when it comes to international trademarks. Understanding in which category trademark applications should be made is essential to ensure the success of the application. Cosmetics for instance, fall under International Category 3 in short known as IC-3. So do sandpaper, tattoo sprays, and some food and beverages.
From this it can be seen that the sheer number of products that can go under a specific trademark category, can cause loads of confusion.
Fortunately the trademark attorney is well acquainted with the various categories and will as such ensure that your trademark is registered in the appropriate category.
Trademark Lawyer and the Scope of Trademarks
February 3, 2010
Trade Marks ™ ®
When thinking of trademarks business owners often stop at logos and names. The trademark lawyer however also helps to clarify the categories of trademarks. Colours, shapes, and sounds for instance, can also fall within the scope of trademarks.
The trademark lawyer will be able to assist a business owner such as the owner of a restaurant to trademark the interior design of a chain of restaurants.
It is possible to even trademark a specific font. With the scope being much broader than most people realize, it may be a good idea to contact a trademark lawyer for assistance regarding the registration of trademarks.
Harley Davidson for instance, has trademarked the sound of the motor cycles. If something is distinct to your brand and you want to get some legal protection against copying or misuse thereof get in contact with a trademark lawyer for assistance.
Trademark Law also extends to the Internet
February 3, 2010
Trade Marks ™ ®
Before the advent of the Internet, chances for infringing on the trademark rights of a third party were not that prominent.
Today, the scope of reach on the Internet means that the possibility of infringing on an existing trademark is huge. The Trademark Law also extends to logos, names, shapes, fonts, and domain names on the internet.
To ensure that you don’t use a logo, name or perhaps a domain name that can cause confusion you need to get your website analyzed for trademark availability.
A specialist in Trademark Law such as a trademark attorney will do searches in various databases and will also do an assessment of sources on the internet to establish that your website doesn’t infringe on any trademarks.
Stay on the right side of Trademark Law by getting an assessment.
Trademark Protections
February 3, 2010
Trade Marks ™ ®
Questions arise as to whether a person should register their individual names for trademark protections.
The answer is yes if the person is in entertainment or any business where their name will become their branding tool. Through trademark protections it will be possible to for instance register a name such as Meat Loaf as a trademark. The trademark protections will then help to prevent other bands or singers from using the name to promote their music or band image.
The same questions arise regarding trademark protections for business names. It goes without saying that if you plan to brand with your business name, that you will want to enjoy some kind of protection against the copying, presentation, and usage of your business name by a third party without a prior written agreement.
Contact the lawyers of Smith & Van Wyk to establish whether your business name or personal name in the case of entertainers can receive trademark protections.
