Archive for the ‘Law’ Category
March 19, 2010 | Law
Some of the frequently asked questions about trademark registrations are briefly answered below.
Why consider trademark registrations?
Although seemingly a lengthy process, trademark registrations help to ensure that once completed successfully that the holder of the rights will have monopoly rights over the usage of the registered marks. This will help deter others from using similar marks or marks that can confuse the consumer ensuring that you can brand your products and services. If infringement of your rights takes place, you will have the right to take legal steps against the perpetrator.
What exactly is a trademark?
It is any mark, wording, or phrase or combination of wording and a logo or a logo alone, which will distinguish your goods and services from the ones of competitors in South Africa, and internationally, if registered internationally.
Which act regulates trademarks in South Africa?
The South African Trademarks Act No. 194 of 1993 governs trademarks in South Africa.
How long is a trademark valid?
The trademark can be renewed indefinitely ensuring that a brand can have longevity.
Can a trademark be challenged on the grounds of non-usage?
Yes, if a trademark is not used for the product and class it was originally registered for over a period of time, its validity can be challenged.
Isn’t a company name a trademark?
No, company names are registered apart from trademarks and as such you will need to register your company name as a trademark if you want to have the protection that comes with it being registered as such.
Who can a person contact for more information on trademark registrations?
You can contact the lawyers of Smit & Van Wyk in South Africa regarding any issues surrounding trademarks and to help you apply for registration.
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March 19, 2010 | Law
Do the South Africa trademark laws extend to domain names on the Internet?
The Internet has opened a whole new minefield for copyright and trademark infringements. The South Africa trademark laws can also be applied to domain names on the Internet, provided that the domain name is a registered trademark. It is not that simple to get a domain name registered as a trademark, but it is possible. You may very well find that your domain infringes on the trademark rights of another domain name owner. If a company such as a soft drink beverage maker has a specific brand associated with its drinks the company may wish to also register their domain as a trademark to prevent any possibilities of another company using a similar name to confuse users. With no regulatory body to enforce the South Africa trademark laws on domain names, many such infringements can take place. If you need help to register your domain name as a trademark, contact our office to ensure that you succeed within the boundaries of South Africa trademark laws.
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March 19, 2010 | Law
Help from South Africa trademark attorneys on the various symbols
You may have seen the TM lettering behind a word written in superscript directly after the slogan, logo or product name. If you apply for trademark rights on a brand, through South Africa trademark attorneys, you will be advised not to use the TM lettering unless the trademark has been awarded. If the trademark has not yet been awarded through means of registration the South Africa trademark attorneys will recommend the usage of R in superscript, within a circle. This symbol is often seen on the Internet where the company will also issue a statement regarding allowable use of their product names and for referencing their product brands. If you need help in registering a trademark, make use of the experienced team of South Africa trademark attorneys at Smit & Van Wyk.
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March 19, 2010 | Law
The Pretoria trademark attorneys at Smit & Van Wyk are available to assist in the application for trademarks regarding products and services. It is important to send all relevant documentation to the Pretoria trademark attorneys including the products and services you intend to have trademarked. It will be necessary to file a trademark application for each of the international categories in which you want to trademark the product or service. Our Pretoria trademark attorneys will assess the products and services and then file the applications at the South African Trademark Office. We will also conduct searches to assess whether a similar product or brand has been trademarked. The searches are needed to prevent future confusion and lawsuits because of possible infringements.
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March 19, 2010 | Law
The Smit & Van Wyk Gauteng trademark lawyers can also assist in lawsuits. Trademark infringements take place daily. It is even possible for someone to infringe on your company trademark rights at this very moment. If the person registered the trademark and published the ad within the Patent Journal you will have three months to respond if the trademark infringes on your trademark rights. If however, the trademark is used without ever registering it, it can go unnoticed for a long time. It is however, your responsibility as the rightful owner of a mark to take legal steps against the person who infringed upon your trademark rights. This is where our Gauteng trademark lawyers will be beneficial. Our expertise in trademarks, the law, and various proceedings will help to ensure that you succeed in your case against the perpetrator.
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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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January 12, 2010 | Law
Nobody needs to be told how much technology have advanced over then past few decades, and this development seems to still be accelerating daily. When it comes to intellectual property, this progress has led to many new media, classifications and categories that require their own types of regulation. As specialist intellectual property lawyers, Smit & Van Wyk Incorporated pride ourselves on the fact that we always stay on top of the game, ensuring that we are up to date with the latest knowledge and developments. Apart from the traditional forms of engineering and gadget-type inventions, our patent practice is specialized to deal with inventions on the cutting edge of technology, such as Biotechnology, Bioinformatics, Biochemistry, Nano-technology, Telecommunications, Computer technology, and Software. If you require the services of intellectual property lawyers, then make sure you contact the leaders in this field – Smit & Van Wyk Incorporated.
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December 10, 2009 | Law
The Companies and Intellectual Property Registration Office (CIPRO) in Pretoria will be closed from 24 December 2009 to 3 January 2010 inclusive. The days will be regarded as dies non.
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The Companies and Intellectual Property Registration Office (CIPRO) will be closed from 24 December 2009 to 3 January 2010 inclusive. The days will be regarded as dies non.
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December 10, 2009 | Law
Who is the inventor?
According to section 27 of the Patents Act, “An application for a patent in respect of an invention may be made by the inventor or by any other person acquiring from him the right to apply or by both such inventor and such other person”
This raises the question as to who is legally regarded an inventor. In Hay v African Gold Recovery Co, Morice J stated, “The first and true inventor signifies that the person so described made the discovery himself, and that he did so before anyone else in any other part of the world.” An inventor is a person who contributed essential elements of the invention that resulted in the development of the invention. The specific claims of a complete patent, indicates who the inventor is. A person who simply suggests an idea of an outcome to be accomplished, is not an inventor. Also someone who contributes only labour or conducts tests and experiments under the inventors guide is not an inventor. An inventor is the person who has conceived all the essential elements of the invention, and workers are thus not required to use their own initiative or to be inventive.
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