Trademark Lawyer and the Scope of Trademarks
February 3, 2010
Trade Marks ™ ®
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.
Trademark Protections
February 3, 2010
Trade Marks ™ ®
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.
Trademark Applications
January 5, 2010
Trade Marks ™ ®
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.
Patent Applications
November 26, 2009
Patents
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.
Trademark Applications
November 26, 2009
Attorneys, Trade Marks ™ ®
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.
