April 7, 2010 | Patent
Some of the key responsibilities regarding patent applications of the Smit & Van Wyk Gauteng patent lawyers are briefly described below.
The Smit & Van Wyk Gauteng patent lawyers assess the inventiveness of the application and assist in the completion of all relevant documents to ensure that the applicant’s rights are protected to the maximum. Our team of Gauteng patent lawyers provide a range of consultation and litigation services including that of agreement setup and review, and the taking of steps against parties guilty of patent rights infringement. Our team furthermore handles the renewals, conducts novelty searches, helps with the filing of claims, and assists with writing the descriptions for the patent applications ensuring that the applications are done professionally.
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February 3, 2010 | Advocates
When thinking of trademarks business owners often stop at logos and names. The trademark lawyer however also helps to clarify the categories of trademarks. Colours, shapes, and sounds for instance, can also fall within the scope of trademarks. The trademark lawyer will be able to assist a business owner such as the owner of a restaurant to trademark the interior design of a chain of restaurants. It is possible to even trademark a specific font. With the scope being much broader than most people realize, it may be a good idea to contact a trademark lawyer for assistance regarding the registration of trademarks. Harley Davidson for instance, has trademarked the sound of the motor cycles. If something is distinct to your brand and you want to get some legal protection against copying or misuse thereof get in contact with a trademark lawyer for assistance.
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February 3, 2010 | Advocates
Before the advent of the Internet, chances for infringing on the trademark rights of a third party were not that prominent. Today, the scope of reach on the Internet means that the possibility of infringing on an existing trademark is huge. The Trademark Law also extends to logos, names, shapes, fonts, and domain names on the internet. To ensure that you don’t use a logo, name or perhaps a domain name that can cause confusion you need to get your website analysed for trademark availability. A specialist in Trademark Law such as a trademark attorney will do searches in various databases and will also do an assessment of sources on the internet to establish that your website doesn’t infringe on any trademarks. Stay on the right side of Trademark Law by getting an assessment.
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February 3, 2010 | Advocates
Questions arise as to whether a person should register their individual names for trademark protections. The answer is yes if the person is in entertainment or any business where their name will become their branding tool. Through trademark protections it will be possible to for instance register a name such as Meat Loaf as a trademark. The trademark protections will then help to prevent other bands or singers from using the name to promote their music or band image. The same questions arise regarding trademark protections for business names. It goes without saying that if you plan to brand with your business name, that you will want to enjoy some kind of protection against the copying, presentation, and usage of your business name by a third party without a prior written agreement. Contact the lawyers of Smith & Van Wyk to establish whether your business name or personal name in the case of entertainers can receive trademark protections.
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Most businesses across the spectrum have more than likely created some form of intellectual property, whether intended or not, that is of value to the business. Just as you would take the necessary steps to protect your tangible assets, it is of equal importance that you take the necessary steps to protect this intellectual property. Smit & Van Wyk Incorporated specialises is matters related to intellectual property. Applications for trademarks or patents, litigation in related cases and expert advice on the exploitation of the commercial and strategic values of this property are some of the areas in which we excel. We value your interests and treat all matters with utmost confidentiality. Contact us to assist you with intellectual property applications or any related matters that require expert attention, or with any queries you might have regarding the protection of your valuable intellectual property.
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January 7, 2010 | Patent
Before you jump the gun and submit complete patent applications, consider the benefits of first applying for a provisional patent. Once a complete patent application has been filed, it is impossible to add additional matter. These patent applications are also much more expensive than the provisional applications. The benefit of this two-step approach is the fact that it gives you time to determine the financial feasibility of the patent and to finalise you invention, before making this additional financial investment. Is there a market for your invention that will motivate this investment? And does your invention need to be refined more before it is perfected and ready for a complete patent application?
Contact Smit & Van Wyk Incorporated for any queries regarding patent applications. We have the knowledge and experience to advise you on the best routes and to guide you through the process quickly and efficiently.
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When starting a new company, trademark applications might not be at the top of your mind, and this is still fine. But as your company grows and becomes more commercially successful, this is certainly something that will have to enjoy some attention before it is too late.
As your company grows, its logo or trademark of whatever nature becomes more recognisable for the general public. It becomes synonymous with your brand values, such as excellent quality. Successful trademark applications will help protect your logo or design from being copied by someone else wanting to cash in on your success.
While trademark applications aren’t that complicated, it is always wise to consult an expert. If you are marketing various products, it might be necessary to apply for registration more than once depending on the product category, even if the trademark stays the same.
For quick and efficient trademark applications, contact the experts – Smit & Van Wyk Incorporated.
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Resorting to an old cliché, the world has truly become a global village when it comes to doing business. Gone are the days where you are simply operating in your home town. If you want to succeed in the cutthroat world of business, you need to broaden your horizons, and this might very well include looking at opportunities abroad. At the same time you also need to protect your assets, both tangible and intangible.
Intellectual property plays an important role in the success of any company, and Smit & Van Wyk Incorporated can assist you with intellectual property applications to protect these valuable assets. Not only do we know the South African laws inside out, but we are also proficient in foreign intellectual property applications. Contact us for expert advice on issues like copyrights, patent and trademark registration and more.
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November 26, 2009 | Patent
While it is important to register your new inventions in order to protect your intellectual property, there are a few basic requirements that an invention need to adhere to according to South African law before you can initiate patent applications.
All patent applications need to be:
New: South Africa has a so-called "absolute" novelty requirement, which implies that any disclosure anywhere in the world before the filing date of a South African patent application will destroy the novelty of your invention, thereby forfeiting your patent rights.
Inventive: Even if your invention is new, there may be other similar inventions that have been disclosed to the public in patent specifications or other literature. It needs to be determined whether your invention is considered obvious or not.
Useful: Abstract inventions with no application in trade, industry or agriculture cannot be the subject of a patent in terms of South African patent law.
Contact Smit & Van Wyk Incorporated for any queries regarding patent applications. We have the knowledge and experience to guide you through the process quickly and efficiently.
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Registering your company and its name is not the same thing as applying to register a trademark. Trademark applications serve to protect the distinctive sign or indicator you use to identify your specific brand to the consumer and to distinguish it from your competitors. Without protection, competitors may try to imitate your product if it is a commercial success. By registering and enforcing a registered trademark, such competitors may be prohibited from using your trademark.
In addition, you may be marketing several product lines, each with its own name or brand which differs from your company name. Trademark applications can be made for each of these separate product trademarks, protecting their image and ensuring that the public does not confuse your product or service with that of a competitor.
For quick and efficient trademark applications, contact the experts – Smit & Van Wyk Incorporated.
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