Register a Trademark
October 7, 2011
Brand Names, Intellectual Property Information, Trade Marks ™ ®
Smit & Van Wyk, Inc. intellectual property attorneys specialize in trademark registrations and monitoring in South Africa.
A trademark can be anything which is used in trade to distinguish your goods or services from the goods and services of others as long as it can be represented graphically.
Trademark Search
A possible trademark search will be conducted to find similar or identical trademarks. It is not compulsory for a search to be conducted in order to file a trademark application.
The costs of conducting a full trademark availability search in respect of one trademark in any number of classes, inclusive of all fees, official expenses and VAT is:
Logo
R2850.00 per mark
Word mark
R2508.00 per mark
Prices are subject to change.
Contact Details for Smit & Van Wyk
Tel
+27 (0) 12 349 7800
Fax
+27 (0) 86 619 0493
E-mail
enquiries@svw.co.za
Physical Address / Courier
Block A Apex Corporate Park
Quintin Brand Street
Persequor Technopark
Meiring Naudé Avenue
Pretoria
0184
South Africa
Image source: www.freedigitalphotos.net
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Nike Logo Trademark
July 1, 2011
Brand Names, Intellectual Property News
Nike was originally known as “Blue Ribbon Sports” and was founded by track athlete Philip Knight and his coach Bill Bowerman in 1964.
The Nike, Just Do it logo trademark was designed by Carolyn Davidson in 1971 for $35. Nike, Inc. got its name from the Greek Goddess of Victory, Nike. The swoosh in the logo represents the wing of the Goddess.
The first Nike shoe sold to the public that carried the design was a soccer shoe in 1971.
Nike, Inc. is a major sportswear supplier based in the United States. Nike is the world’s leading supplier of athletic shoes and manufactures sports equipment with revenue in excess of $18.6 billion. Nike employes more than 30,000 people worldwide.
The solid corporate logo design swoosh was registered as a trademark in 1995. The Nike logo is the official registered trademark of Nike. Nike sponsors many athletes and sports teams around the world, with the trademarks of “Just do It” and the swoosh logo.
This is a trademark news article and the use of the logo here does not imply endorsement of the organization.
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Brand Names to Distinguish Products & Services
June 8, 2011
Brand Names, Intellectual Property News
Brand names are used to identify and distinguish specific products, services or company names from that of competitors. Brand names can be in the form of signs, symbols, slogans, names, shapes and colours combined with any of the above to create a unique identification.
The first step in protection of a brand name is that of trademark registration. It is also the most powerful and protective means. Another form is to register a brand name also as a company name and ensuring that domain name registration takes place for the particular brand name.
Brand names have value and can be sold with or without goodwill when a business is sold. Brand names furthermore are seen as investments. As such the Google brand name has tremendous value. Without trademark registration in all the classes within which one needs to get protection and in all the countries where you want to protect the name it will be foolish to invest excessive amounts into the marketing and development of a brand.
Trademark registration provides the legal protection needed against the unauthorized usage of a brand name. Trademark protection for brand names can be enhanced to ensure maximum protection by following the steps below:
- Select the trademark carefully to ensure that it is unique and will not easily become generic.
- Register the trademark in as many as possible classes and countries.
- Use the trademark often to protect against requests for cancellation.
- Where possible make use of formats that will ensure that the brand can stand out such as all caps or italic when referring to your brand in documents.
- Use the trademark registration mark whenever you make use of the brand name in text.
- Make use of Internet technology such as Google Alerts to monitor the usage and reference to your brand name.
Contact us at Smit & Van Wyk Intellectual Property Attorneys for legal assistance in the protection of brand names.
Related Trademark Links
What is a Trademark? – A trade mark (trademark or trade-mark) is a distinctive sign used to identify original products or services…
Trademark Violations – Trademark infringement could cost you profits and damages and when your registered trademark is violated by…
Trademark Symbol – When a trademark is used in relation to services rather than products, it may sometimes be called a service mark…
Trademark Registrations – Anything which is used in trade to distinguish your goods or services from the goods and services of others…
Trademark a Name – Any name that is used in trade to distinguish your goods or services from the goods and services of others as…
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Utility Model vs Patent Protection
April 12, 2011
Brand Names, Domain Names, Geographic Indicators
A utility model is a specific type of intellectual property right. It is available in various countries and just like a patent, protects the invention, but it has a shorter lifespan than a patent and doesn’t have all the requirements needed for a patent. Examples of countries where the utility model is recognized include that of Japan, Austria, Indonesia, Malaysia, Spain, Australia, and Germany.
In essence, the utility model is a monopoly that the inventor receives for a specific period in which the inventor then teaches the invention to another person with normal skills in the particular art. The teaching is of such a nature that the person taught will be able to perform the invention.
Utility models are often referred to as innovative patents or minor patents. Most of the patent offices don’t do in-depth examinations of applications and simply require that the utility models meet the formal requirements. In most instances, the same items or processes not patentable will also not qualify as utility models. One of the main requirements is that the utility model must be new and thus not part of prior art. This means that the utility model may not have been published or used before application for such. In Spain, however, absolute novelty is not required. In South Africa the functional design can fit the category of utility model and it has a lifespan of ten years.
Utility models are often used for mechanical innovations and are well suited for small and medium businesses which want to make minor changes to existing inventions. Known by different names in the various countries utility models are more affordable than patents, easier to register, and have shorter lifespan periods.
Contact us at Smit & Van Wyk Intellectual Property Attorneys to assist you in registering a utility model in South Africa.
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Patent Pitfalls to Avoid
April 7, 2011
Brand Names, Franchises, Geographic Indicators, Inventions, Registered Designs
New inventors often fail to register their patents successfully because they made mistakes during or before the filing of their patent applications. Most of the patent pitfalls can be avoided if one is to take heed of the common patent pitfalls discussed below.
Discussing The Patent Idea With Friends And Family
Although a person certainly wants to share an idea with friends, it is absolutely important not to disclose any details about your invention that could enable another person to create the same or a similar invention. Apart from rendering the invention useless when it comes to the patent application because information about the invention has become public knowledge, it also creates the risk of someone else using the information to create their invention and apply for patent protection before you do so.
Registering A Complete Patent When There Are Still Some Work To Do
One should only register a complete patent instead of a provisional patent if a person is sure that there will be no more modifications needed on the invention. You must also make sure that the invention is marketable and as such it is recommended that you first register a provisional patent. This will allow you a 12 month window in which you can test the marketability of the invention and make any modifications before having to file for the complete patent protection.
Disclosing Information Without A Non-Disclosure Agreement
You may be at a point where you require the help of another person skilled in the trade to assist with further development of the invention. Do not disclose any information about the pending patent or the invention even before that without the party signing a non-disclosure agreement.
View our full range of patent services and contact us for professional legal advice and assistance in registering your patent in South Africa or abroad.
6 EASY STEPS to – Patent your Invention – Click here!
Contact Details for Smit & Van Wyk:
Tel:
+27 (0) 12 349 7800
Fax:
+27 (0) 86 619 0493
E-mail:
enquiries@svw.co.za
Physical Address / Courier
Block A Apex Corporate Park
Quintin Brand Street
Persequor Technopark
Meiring Naudé Avenue
Pretoria
0184
South Africa
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