How to Trademark a Logo?

September 12, 2011
Trade Marks ™ ®

Any company logo / product logo / service logo which is used in trade to distinguish your goods or services from the goods and services of others is eligible for trademark registration.

The logo must be distinctive and not only describe the goods or services to which it relates. The logo may not be identical or confusingly similar to a trade mark which is already registered, applied for or used in South Africa in respect of the same or similar goods or services.

The initial costs of preparing and filing a logo trademark application, inclusive of all fees, official expenses and VAT is:

1. First Application – R2813.00
2. Second onwards application – R2585.00 per application

Feel free to contact us should you have any questions or require assistance with any trade mark related matter.

Please visit the following page for the official 5 steps logo trade mark registration information:
HOW TO TRADEMARK A LOGO!

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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Attorneys

September 8, 2011
Attorneys

Intellectual Property Attorneys

Attorneys specializing in areas of intellectual property rights can assist a company in several ways.

Intellectual properties have value and as such the registration thereof should be done with the assistance of attorneys well versed in the various intellectual property laws.

Trade Marks

One example is that of trademark registration. Although one can easily register a trademark without the assistance of corporate attorneys, the complexity of the application can lead to a trademark not fully protected, one that infringes on the rights of another and thus also infringement lawsuits.

Before the trademark is registered it is essential to conduct a thorough company name and trademark search with which the corporate attorney can assist.

The next step is to select the best possible categories in which to register such and to decide on the strength of the trademark. The intellectual property  attorneys can assist in all of the above instances.

License Agreements

Another example of how intellectual property attorneys can assist is in the setting up of license agreements with other parties. If the company creates software it is essential to have the terms and conditions of usage and thus user agreements in place.

With many types of software licenses available one must carefully consider the future usage of the software.

The attorney specializing in copyright can assist in drafting proper terms & conditions and license agreements.

Inventions & Patents

When it comes to patent rights and the registration thereof, one can file a provisional patent without the assistance of intellectual property attorneys, but must file the permanent patent application with the help of corporate patent attorneys.

In essence, almost every transaction and business correspondence is governed by some form of intellectual property law.

Get legal advice and assistance from experienced intellectual property attorneys.

Contact us for assistance today.

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What is Intellectual Property?

September 1, 2011
Attorneys, Intellectual Property News, Inventions

Intellectual property refers to creations of the mind for which one can gain registered rights allowing one to have a monopoly over the making, copying, usage, distribution and commercial exploitation of such.

Intellectual property deals with complex products such as films, music, published books, computer software, inventions, designs, and trademarks.

In many instances the same item can have several parts for which different intellectual property rights can be registered. We at Smit & Van Wyk Intellectual Property Attorneys are experienced in dealing with such complex products.

Whether you need assistance in registering a biotechnology or bio-engineering related patent, want a trademark registered on an item that is also registered for design rights or want help in securing a license agreement for a software program, you can rely on our professional assistance.

Intellectual property is the umbrella term for patent, trademark, copyright and design rights. Each of the mentioned covers a specific area of intellectual property.

It is, however, not uncommon to find more complex products for which all of the mentioned intellectual properties can be registered. The wording and trademark are automatically copyright protected.

Registered Designs

The design can also be copyright protected while the invention part will be protected under the Patent laws of the country.

It becomes clear that guidance may be needed as to which intellectual property right or rights to register on complex products and to understand which ones are automatically assigned.

In addition, the ownership of the rights may also cause confusion and duration of the rights. It is possible for some of the intellectual property rights to have longer duration than others.

While the design rights on an item may have lapsed the invention rights may still be in place whilst the copyright will most certainly be.

Contact us at Smit & Van Wyk for professional legal guidance regarding intellectual properties on more complex products.

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International Attorneys

August 31, 2011
Intellectual Property Information

Intellectual Property Registrations

When having to apply for intellectual property rights in another country, you will have to make use of international attorneys specializing in intellectual property law such as trademarks, design rights, copyright, and patents.

The national laws of countries vary when it comes to copyright protection, trademarks, designs, and patents.

It is essential that you understand the procedures for filing an intellectual property right in the specific country and follow the procedures carefully.

This is where the expertise of international attorneys comes in. The international intellectual property attorneys are familiar with the various laws governing intellectual property as well as the various international treaties in place.

As such you will save effort, money, many frustrations and minimize the risk of application failure when making use of international attorney firms to assist with intellectual property registration.

One of the mistakes often made by trademark holders is to assume that their trademarks are valid in other countries.

International Trademark Registrations

Trademarks are geographically bound to specific regions and can only provide protection against infringement if registered in specific classes.

If you thus want your trademark to be valid in for instance, Botswana, you must first register it in South Africa and apply for registration in Botswana according to the national laws of the country.

The registration must also be done in all the classes in which you seek trademark protection.

International trademark attorneys can assist in this regard and will guide you regarding documents required, information that must be submitted, any translations which may be needed, trademark searches, and the actual application completion.

It is not only regarding trademarks where you will require the assistance of experienced international attorneys specialising in intellectual property laws, but also regarding patents and any of the other intellectual property rights.

Contact us at Smit & Van Wyk as international attorneys to assist you with any related intellectual property registrations and disputes in foreign countries.

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Patents

January 12, 2010
Patents

You have had an inspired moment and came up with a product that provides a new way of doing something. It has taken hours of work, refining and tweaking it until it is ready for use. But hoe long will it take the competition to copy your idea?

And what if they can make it even better?

This is why patents are so important. By applying for patents on new inventions, you are ensuring that your hard work is being protected by law, granting you the sole right to exploit your product fully. This means that only you as the owner of the rights to the patents have the authority to make, use, sell or import the invention in question.

Smit & Van Wyk Incorporated focuses specifically on intellectual property such as patents, and our experienced staff will be able to assist you with any query regarding this topic.

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