How to Register a Trademark?
September 19, 2011
Trade Marks ™ ®
A Trademark is anything which is used in trade to distinguish your goods or services from the goods and services of others as long as it can be represented graphically.
Examples of possible Trademarks:
Trademark examples: words / names / company names / product names / logos / slogans / letters / container shapes / numerals / packaging / signatures
Requirements for a Trademark:
- Distinctive – The mark must be distinctive and not only describe the goods or services to which it relates
- Available – The mark 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/services.
Feel free to contact us should you have any questions or require assistance with any trademark related matter.
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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How to Register a Trade Mark?
September 9, 2011
Trade Marks ™ ®
Smit & Van Wyk, Inc. trade mark attorneys offer a quick 5 step solution to registering your trade mark. Applying for a trade mark has never been so easy!
Please visit the following page for the official 5 steps trade mark registration information:
HOW TO REGISTER A TRADEMARK!
Any information or images supplied will be protected under the attorney-client privilege with strict confidentiality, whether you decide to continue with the application or not.
Or for more information regarding intellectual property, please contact us…
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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How to register a Trade Mark?
August 22, 2011
Intellectual Property Information, Trade Marks ™ ®
Trade Marks refer to a brand name, company name, slogan or logo.
A Trade Mark identifies the services or goods of one entity and distinguishes it from another.
Trade Mark examples include:
- Brand Name – Google, iPad, Facebook, Pepsi
- Slogan – “simpler, better, faster” (Standard Bank), “so good” (KFC)
- Logo – Colonel Sanders (KFC), Bunny (Playboy), Window (Microsoft)
A logo is a distinctive picture or symbol.
A brand name or company name is a word / combination of words (e.g. LG Electronics).
A slogan is a phrase or sentence.
Logos, slogans and names provide a distinctive identity for your products and services.
When you register a trade mark to your name, slogan or logo, no one else can use it, or one that is confusingly similar.
A trade mark can only be protected and defended if it is registered.
Un-registered trade marks may be defended in terms of common law.
The owner of the registered trade mark has exclusive right to use that mark.
CIPRO administers the Register of Trade Marks which is the record of all the trade marks that have been formally applied for and registered in the Republic of South Africa.
A registered trade mark can be protected forever, provided it is renewed every ten years upon payment of a renewal fee.
How to register my Trade Mark?
Contact a qualified and experienced trade mark attorney to register your trade mark. The trade mark attorney would require you to provide them with a copy of your intended trade mark as well as details of all products or services that you intend applying the trade mark to.
Trade marks are registered at the South African Trade marks Office and foreign trade mark registrations may be obtained should you wish to market your product in foreign countries.
Related Trademark Links
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Trademark Registrations – Anything which is used in trade to distinguish your goods or services from the goods and services of others…
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Trademark Problems with Registration
April 12, 2011
Trade Marks ™ ®
To avoid trademark application problems get the help from an experienced trademark law firm. The law firm will do a trademark search to determine that there is no record of a similar trademark registered, pending or in use in the same classes that you want to register you trademark.
The lawyers of the firm will furthermore also do a company name and domain name search to ensure that there are no similar names already in use as company names or domain names. It is essential to check availability of a trademark thoroughly before the final selection of the mark. Any other similar names or marks in use, pending or registered will be grounds for objection by another party. This in turn could lead to lengthy procedures and at the end of the day may also lead to the complete cancellation of your trademark.
Another trademark problem that can be avoided when making use of trade mark attorneys is that of selecting a mark that cannot be trademarked. The proposed mark may not be scandalous or deceptive. It furthermore may not suggest any connection with persons or national symbols if not directly related to such.
If the mark consists of a signature or any form of identification with a person without the person’s consent it will not pass the test. Mere descriptive marks will not be registered unless under special circumstances. A mark that simply describes the location can also not be registered. Generic terms should not be used as trademarks. It is imperative to select a strong trademark for maximum protection against infringement.
If a trade mark applied for is not in the correct class or classes then you will not be able to use such for the purpose for which you have registered it.
Contact us at Smit & Van Wyk intellectual property attorneys to assist with the registration of trademarks.
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Trademarks
January 4, 2010
Attorneys, Trade Marks ™ ®
We live in a day and age where literally thousands of brands are all competing against each other for the consumer’s attention.
With such a clamorous attack on the senses, you need to find a way for your product to be easily identified. This is why trademarks are so important.
They create an easily recognisable visual reference that immediately identifies your product and instantly conveys your brand values, such as quality and excellent customer care.
Because of this value that well-known trademarks add to a product, many others will try to copy certain aspects to ride on your wave of success.
In then process they can actually do harm to your reputation by delivering low quality that gets associated with your brand by the public.
Contact Smit & Van Wyk Incorporated, the specialists in intellectual property law, to find out more about the protection of trademarks.
Trademark Articles
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