Archive for the ‘Brand Names’ Category
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.
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What's in a brand - an interesting read by Birgit Medeke, head of Zwilling's legal department, reveals at least part of their success.
The brand was founded in 1731 and is controlled under strict IPR policies that form part of their contracts with suppliers, distributors and business partners. They protect their Trademarks using international systems such as the Madrid Protocol and Community Trademark.
http://www.managingip.com/Article/1934171/Interview-Birgit-Medeke-Zwilling.html
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Copyright violations in the form of piracy cost the recording industry of SA more than R500 million a year. This is according to the chief executive of a copyright agency – James Lennox. When looking at the staggering losses because of piracy it is no wonder that the recording industry is up in arms about copyright violations. The penalty for copyright violations in terms of piracy is R5000 per item. Still it doesn’t seem to make a dent in the amount of piracy that takes place. Street vendors sell pirated movies for next to nothing while the cost for the law abiding citizen can be around R150-R300 to purchase the movie, whilst DVD shops have to pay from R300 to R600 for the movie. If you suspect copyright violations in terms of movie piracy take a stand and contact the police and help protect the work of artists.
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The Second World Copyright Summit started its first session in Washington USA. Calls for greater cooperation amongst all countries have been made to help crack down on copyright violations. The advent of the Internet has sparked numerous copyright violations; mostly because many internet users think that something that is on the Internet must be free (this is according to Orrin Hatch a member of the US Senate). Calls have been made for stricter action against piracy of music and videos with suggestions that the perpetrator should receive an email warning if downloading music or videos illegally, and then receive a final warning in letter format, after which the user’s internet account must be suspended for up to a year. Internet users can expect stricter regulation in future to help prevent copyright violations which cause severe financial losses for musicians, writers, artists, and producers.
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Fewer trademark registrations are filed worldwide as companies try to cut costs during the economic recession. It is an extremely dangerous method of doing business, especially if exporting manufactured goods. Although it may be a short term solution, doing business without going the route of trademark registrations, can mean huge losses in future. With no grounds for protection you will have nothing to go on when infringements of your brand takes place. Especially now with typo squatting being a reality on the Internet and more and more counterfeit products floating the market, it is indeed dangerous. Economists and lawyers recommend going the slightly more expensive route of trademark registrations even during hard times, to prevent future losses.
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Google has changed its policy on trademarked keywords and the most important aspects are as follows:
• A trademarked term or word can be used in advertising copy regarding Adwords.
• Any trademarked term or word can be used as a keyword.
• Companies now have more control over their trademarked terms regarding Adwords as they can now limit use of their trademarks in ads to only be displayed by specific companies.
• A company can ask Goole to not allow other companies or users to use their trademarked word or term in their ad copy. Although it will no longer be displayed in the ad copy it can however, still be used as a keyword.
It is important both for an Adwords advertising and an Adsense website owner to take note of the above conditions for trademarked terms used as keywords in ad copy.
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If you have ever wondered why it is important to register a trademark you will agree that it is worth the effort when you read through the newspaper articles. The watchmaker Cartier for instance, has recently launched a trademark infringement lawsuit against Apple Mac regarding a fake gold edition time displaying i-Phone by Digitopolis. According to the French watchmaker Cartier, the trademarks of Cartier are improperly used and Apple Mac is sued for allowing the apps to be downloaded from their Apps-site. By registering trademarks a company gains the legal right to take action against improper usage and displaying of its trademarks. Without registration another company can cause severe damage to your company’s image and you will have no protection against misuse or improper use of your logos or branding.
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Companies most affected by counterfeiting include pharmaceutical, toy, and music companies around the world. The companies pay a lot of money to register their trademarks, patent their products, and registering designs. Branding takes years and cost a lot of money. Counterfeiting is a form of stealing as the original product design or invention is copied and sold in a deceitful manner. The rightful owner of a patented product thus doesn’t benefit economically and as such counterfeiting hinders healthy economic growth. Since the counterfeit products are normally sold at exceptionally low prices, unfair competition occurs. The company that invests money into branding and developing a market for the original product, sells less, workers lose their jobs and economic slow-down occurs. If you suspect counterfeiting of your products and want to take legal action we recommend that you contact our office at the number or email on our contact page today.
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If you register a trademark the following benefits apply:
You will gain the right to use the words “Registered Trademark” with your product.
You will prevent others from using the trademark.
It will be easier to set-up agreements with potential licensees.
If you register a trademark and gain the right to usage thereof, you gain a monopoly over your brand. It makes it possible to take legal action should someone copy or use a similar trademark for products in the same line. By taking action you protect all your past and future investments into your brand. Branding will be rather futile if done over a long period without first securing the brand through a trademark. Contact Smit & Van Wyk to help you register a trademark and protect your assets.
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Around the world, billions of people recognize the Coca-Cola company brand name and distinctive signature. “Coke” is identical with cola-flavoured carbonated beverages and the originally handwritten logo appeals to thirsty people from the Yukon to Soweto. Coca Cola executives insist the company brand name is just as precious as their soft drink formula.
As a start-up company grows, gains market share, and achieves customers’ loyalty, its name becomes one and the same with its quality. Customers treat the company brand name as an eponym for the product the company produces, and they equate it with value. Every entrepreneur wants his company brand name to enjoy Coca Cola’s worldwide recognition. Meanwhile, greedy competitors try to copy the start-up company’s design and company brand name, exploiting its vulnerability and eroding its market share. A young company must protect its name and trademark by registering them before its products go to market.
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