Intellectual Property Law Firm
August 25, 2011
Attorneys, Intellectual Property Information
Smit & Van Wyk, Inc. is an intellectual property law firm located in Pretoria, South Africa. We are one of the most experienced law firms in the areas of biotech, engineering, and nano-technology.
Our team of intellectual property attorneys are qualified in law and scientific, engineering or technology related fields. As an intellectual property law firm we can thus assist in the assessment of the patentability of an invention.
South Africa has a non-investigating patent office. Although a formal examination is done ensuring that the application is correct, the law firm handling the patent application must assess whether the invention meets the criteria of novelty, non-obviousness to a person skilled in the trade, inventiveness, usefulness to agriculture or industry and the claims made regarding the invention.
As such our law firm is perfect since our lawyers are also skilled in various scientific and technological fields.
In addition to patents, the Smit & Van Wyk Law Firm also specialises in copyright, design, and trademarks.
We can provide a wide range of services including:
- Assisting foreign applicants and agents in registering intellectual property in South Africa.
- Trademark, design, and patent searches through databases, the official registers, and journals.
- Filing and prosecution of trademark, design, and patent rights.
- Registration of copyright on cinematograph films.
- Determining copyright ownership.
- Handling of disputes about intellectual property ownership.
- Setting up and reviewing intellectual property license agreements.
- Assisting with assignment of copyright, design, trademark and patent rights.
- Renewal and restoration of intellectual property rights.
- Negotiating terms and conditions of usage.
- Drafting terms and conditions documentation.
- Assessment of patentability.
- Help in the selection of trademarks for maximum protection.
- Help with specifications and claims.
- Assistance in objections regarding trademarks and patents.
The above are only a few of the expert services that clients can expect from Smit & Van Wyk as a reputable intellectual property law firm in South Africa.
View our range of expert law firm services and contact us for professional legal guidance and assistance.
Ford F150 vs Ferrari F150
June 27, 2011
Attorneys, Trade Marks ™ ®
Image source: http//caronestopcloser.blogspot.com
Ferrari was recently sued by Ford Motor Company for trademark infringement because they named its 2011 Formula One racing car F150.
Ford Motor Company said that the Ferrari F150 logo is very similar to the Ford F150 logo.
Ford Motor Company filed a suit in Detroit, USA and requested that Ferrari stop using the F150 name.
Ferrari originally chose the F150 name in honor of the 150th anniversary of the unification of Italy. Ferrari renamed their Formula One racing car Ferrari F150 Italia.
Apple i Trademarks
June 20, 2011
Attorneys, Trade Marks ™ ®
Image source: www.cnn.com
Apple owns the iPod, iPhone, iTunes, iMac, iBooks, and now the iCloud. The AppleTV is called the AppleTV because Apple could not own the trademark to iTV without a losing legal battle.
AppleTV has been around since 2007 but ITV Global and Elgato owns the trademark in the UK.
AppleTV allows users to download movies and TV shows from iTunes to watch on their home TV sets.
Copyright Dates
June 17, 2011
Attorneys, Copyright ©
When you see several dates in a copyright statement, it simply means that certain things were created in one year and modified later. It could also mean that new things were created and added in a later year.
It most definitely does not refer to the date that a copyright will expire. Expiration of a copyright actually takes place much later, and this period of validity begins from the date that you see in the copyright statement.
The Berne Convention establishes a general and minimum period that lasts the life of the author and fifty years after his (or her) death.
Trademarks | Getting Started
June 15, 2011
Attorneys, Trade Marks ™ ®
1. Trademark Search and Filing Procedure for South Africa
The main function of a trade mark is to distinguish the goods and services of a proprietor in the trade from other goods and services. Statutory trade mark protection will afford the proprietor the right to restrain the unauthorized use by a third party of an identical or confusingly similar trade mark in respect of the identical or confusingly similar goods/services for which the mark has been registered. A trade mark is also a valuable intellectual property asset.
2. Trademark Availability Search
When a new trade mark is identified, the first step is to conduct a trade mark availability and registrability search to ascertain if the mark is available for use and registration. The possibility exists that a third party may own a trade mark which is identical or confusingly similar to your proposed mark and if you use the mark, such use could amount to trade mark infringement. If you want to file an application to protect the mark, it is also important to know that the status of the register is as there may be obstacles which could prevent registration of the mark.
Costs for conducting trademark registrability searches in South Africa (inclusive of all fees, official expenses and VAT):
- Wordmark Search (per mark): R2508
- Logo/Device Search (per mark): R2850
3. Trademark Application
Once the search has been conducted and no obstacles were revealed, the next step is to file a trade mark application. The trade marks register is divided into 45 classes and it is important to identify all the goods and services of interest to ensure that the application/s is filed in the correct class/es. Should you wish to proceed, kindly furnish us with a detailed description on the specific goods and services for which the mark (s) will be used in order to enable us to advise you further on the specific classes of interest.
Costs for filing trademark applications in South Africa (inclusive of all fees, official expenses and VAT ):
- First Application: R2813
- 2nd Onwards Application (per mark per class): R2585
4. Process
Once a trade mark application has been filed, the Registrar will allocate an official filing number and the application will carry the registrar’s date stamp. Any identical of confusingly similar trade mark applications filed subsequently, will be refused as the earlier application will effectively act as a bar on the register. After the application has been filed, it takes approximately 10-13 months for the Registrar to examine the trade mark where after he will inform the applicant if the mark has been accepted, refused or whether it will be accepted if certain formal requirements are complied with.
Please note that the above quote includes all filing fees and official application disbursements. Prosecution costs resulting from the official examination are not included in the filing fees as such costs will depend upon the Registrar’s specific examination requirements. Further costs may be payable once the mark has been examined and /or accepted by the Registrar.
Once a trade mark proceeds to registration, the proprietor’s rights will date back to the date of filing. You may mark your pending trade mark application with the abbreviation ™ to indicate that trade mark rights are claimed. Only once the mark has proceeded to registration may you use the ®.
The rights in a trade mark are territorial and are limited to the territory in which registration has been obtained. The quote furnished above is for South Africa. If the trade mark is being used/will be used in other countries for example neighbouring countries like Namibia, Botswana, Mozambique, Zimbabwe, Lesotho and Swaziland, consideration should be given to filing applications in the relevant countries which each has its own independent registry. Please let us know if you require more information in this regard.
There is no cross-referencing between the Register of Trade Marks and the registers of Companies and Close Corporations. It is therefore advisable, especially if the trade mark is to be used as the name of a Company or Close Corporation, to conduct a search at the offices of the Registrar of Companies and Close Corporations to ascertain if the name is available as the name of a Company or Close Corporation.
In order to proceed with the filing of your proposed mark please let us have the following information:
- Details of mark, i.e. wordmark and/or logo;
- Particulars of applicant;
- Physical address of applicant;
- Postal address of applicant;
- Classes of interest, alternatively a description of goods and services for which the mark will be used
We look forward to hearing from you.
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