Archive for the ‘Trade Mark’ Category
A trademark is any word, symbol, design or phrase which can stand alone or combined with any of the ones mentioned and which is used to represent the brand, product or company. In South Africa it is not a requirement to register a trademark to use such a representation for a product, but it is highly recommended.
Once registered, the holder thereof obtains monopoly rights on its usage for the products or services the mark is registered for. It means that no-one else may use the representation on one of their products or services without an agreement to do so with you as the trademark holder.
If someone uses the representation without your permission or in a way contrary to the agreement with you, you will have the right to take legal steps against the person or entity. It should thus be considered if you are serious about branding.
It should be noted that you will have to register the trademark in South Africa first, and can then proceed to register it in other countries. In addition it will be important to register the mark for every category in which you want to use it. The registration process is fairly simple, provided you complete the forms correctly. For this you will need the assistance of an intellectual property attorney.
Our firm specialises in intellectual property law including patent, copyright, design, and trademark registration. We will complete the forms for you, guide you through the process, conduct the registration, and handle any legal aspects regarding the intellectual property protection. Contact us for assistance today.
No Comments »
South Africa Patent Laws favour the usage of attorneys Even though it is possible to file a patent application directly without the usage of a patent lawyer or attorney, it cannot be recommended. The reason is simple. The South Africa patent laws favour the usage of an attorney. The South African Patent Office is a non-investigating office. This means that you can complete the application, file it and even receive the patent right upon payment of the required fees without the invention complying with all the requirements. It is not a loophole in the system. It simply means that the responsibility lies with the applicant to ensure that the invention is indeed patentable and that the application will be done correctly. The snag comes in when another applicant or company questions the patentability of the invention down the line or argues that the idea was not original at all. Lawsuits may follow and all the money already spent in the commercial development of the patent may be lost forever. You will need the help of a patent lawyer who knows the South Africa patent laws and will conduct the novelty searches and apply in the correct manner right from the word go.
Click here for more information regarding the LESI Conference 2010
No Comments »
If you have a mark, logo, name or shape that distinguishes your goods from the goods of competitors and want to register a trademark to protect against usage thereof without a prior written usage agreement, you will benefit from the services of trademark attorneys. The trademark attorneys will require a copy of the intended trademark and will also need complete information about the products or services for which the trademark must be registered. It is essential since a separate application must be filed by the trademark attorneys for each of the international classes relating to your product or service. It is also possible to obtain international trademark registration through the local trademark attorneys.
No Comments »
Used correctly, a trademark becomes a very valuable business asset, and should thus be treated as such. Just as you would protect your tangible assets with alarm systems and insurance, you should also take precaution to ensure the safety of your intellectual property. Gauteng trademark lawyer Smit & Van Wyk Incorporated will be able to assist you in identifying valuable trademarks and successfully guide you through the process of registering these marks, ensuring that no unauthorised entity will be able to exploit your brand. You can register your trademark through us in South Africa, as well as in any other foreign country you want to make your brand available in.
Contact Gauteng trademark lawyer Smit & Van Wyk Incorporated, the leading intellectual property legal practice in South Africa, to assist you with any and all trademark related queries.
1 Comment »
One thing every successful company have in common is that they have some kind of trademark to distinguish them from the rest of the competition. An expert trademark attorney from Smit & Van Wyk Incorporated can help you to spot identifiers for your business and get them registered so that you can exploit the benefits optimally. If you already have a trademark that you want to register, the trademark attorney can also have the database of South African trademarks searched to ensure that your chosen mark is unique and does not infringe upon the rights of any other registered brand in the country.
Smit & Van Wyk Incorporated is a specialist legal agency that possesses extensive knowledge and experience regarding all matters related to intellectual property in South Africa. If you require a leading trademark lawyer, be sure to contact us immediately.
No Comments »
According to the South African trademark law, or South African Trademarks Act No. 194 of 1993 to be more exact, you can register your unique logo or design to protect your business interest from being exploited and potentially harmed through misuse by unauthorised entities. Once you have registered your trademark, the South African trademark law requires you to renew this every ten years to stay in force. However, provided you continue renewing your trademark registration in South Africa, your rights to the trademark may last indefinitely.
Smit & Van Wyk Incorporated are leaders in this field in South Africa, and we possess the necessary skill, knowledge and experience to guide you through the process of registering your trademark successfully. In addition, our experienced support staff, aided by state-of-the-art software, ensure that we remain efficient and up to date with the latest in trademark law at all times.
No Comments »
One of the most valuable assets of a successful company is its trademark. This is the sign or indicator that identifies the brand to the public, conveying a sense of quality or reliability in the process. A trademark lawyer can help you protect this asset by guiding you through the necessary steps:
Determining the uniqueness of you trademark: Before you can register your trademark, you need to know that you are not infringing on the rights of an already existing trademark. A trademark lawyer will be able to have the national registry checked to ensure this is not the case.
Registering your trademark: There are certain requirements to meet before a trademark is accepted. Your trademark lawyer will be able to efficiently guide you through this process.
Renewal of trademark: A registered trademark is valid for ten years in South Africa, then it has to be renewed in order to stay legitimate.
Contact Smit & Van Wyk Incorporated, the leading intellectual property legal practice in South Africa, to assist you with any and all trademark related queries.
No Comments »
The function of trademark lawyers is to ensure that the intellectual property of businesses and other legal entities are protected, specifically concerning the distinctive signs or indicators they use to identify their product, service or brand and to distinguish it from that of competitors. Trademarks can be registered, which will prohibit other businesses to use the same or relatively similar trademarks to promote their goods, thus leeching of your success and even potentially tarnishing your reputation in the process.
Some of the leading trademark lawyers in South Africa can be found at Smit & Van Wyk Incorporated. We specialise in the legal matters surrounding intellectual property, and our expert trademark lawyers are able to give you advice on this matter and guide you through the process in such a way that your interests are always the number one priority.
No Comments »
While the trademark process is not very complicated in itself, you might want to call in the help of the experts to ensure that the application is admitted without any problems and that everything that needs to be protected is submitted correctly. Smit & Van Wyk Incorporated is one of the leading intellectual property legal practices in South Africa, and is able to assist you with any and all trademark related queries. This includes the following steps in the trademark process:
Determining the uniqueness of you trademark: Before you can register your trademark, you need to know that you are not infringing on the rights of an already existing trademark. We are able to have the national registry checked to ensure this is not the case.
Registering your trademark.
Renewal of trademark: A registered trademark is valid for ten years in South Africa, and then it has to be renewed in order to stay legitimate.
No Comments »
They say all is fair in love and war, and if you don’t take the necessary precautions, you can add the business world to that list as well. While governed by certain laws and rules, if given the gap, there are a number of unscrupulous business people out there who will play the game any way necessary to get to the top or simply make a quick buck. Trademark registrations help you protect your brand from being exploited by unauthorised entities.
By using something very similar to the look of your brand, competitors can easily ride on your success, or even tarnish your public image. Trademark registrations are not a very complicated process, but can help you avoid being caught in a situation as mentioned. Smit & Van Wyk Incorporated is a leader in this field in South Africa, and has the necessary skill, experience and resources to assist you with any and every aspect regarding trademark registrations.
No Comments »
