Trademarks
November 26, 2009
Attorneys, Trade Marks ™ ®
For most businesses, trademarks play a very important role, as it is the mark by which the public recognises their brand, product or service.
Without trademarks, it will be virtually impossible for consumers to identify various products on sight only, as this mark can be any name, word, phrase, logo, symbol, design, image, or a combination of these elements that distinguishes the product from other similar products.
As a business, the idea is to build a relationship with your consumers or customers, in order to create a sustainable market. It is thus very important to protect recognisable trademarks, as this is what notifies the public of the presence of your brand.
If anybody could freely use your trademark, they would be able to steal your market share, without the public necessarily realising it immediately.
Contact Smit & Van Wyk Incorporated, the specialists in intellectual property law, to find out more about the protection of trademarks.
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
Trademark Articles
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Mediation of a Trademark Coexistence Dispute
August 24, 2009
Trade Marks ™ ®
After a dispute arose between them, a North American company requested mediation with two Italian companies and one Spanish company on the basis of an agreement which the parties had reached for mediation under the WIPO Mediation Rules. The goal of the mediation was to help the parties avoid confusion and misappropriation of their similar trademarks and to regulate future use of their marks. Although Italian was agreed as the language of proceedings, any settlement agreement would be recorded in both Italian and English.
The Center suggested to the parties potential mediators with specific expertise in European trademark law and fluency in Italian and English. The parties selected an Italian mediator with a trademark practice. The mediator conducted an initial telephone conference with the lawyers of the parties in which he scheduled the mediation timing, and agreed on the procedure.
Two months later, the mediator met with the parties in a two-day session in Milan. The meeting was held in joint session with the exception of two brief caucuses. At the end of the second day the parties – with the assistance of the mediator – were able to draft and sign a settlement agreement covering all of the pending issues in dispute. – WIPO
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Google Adwords | Trademark Policies
August 19, 2009
Trade Marks ™ ®
Use of a Trademark Name as a Keyword on Google Adwords
Can I use a trademarked name as a keyword on a Google Adwords campaign, as long as the mentioned trademarked name is not used in the add body, or on the linked website?
Trademark Articles
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Licencing a Trademark
June 24, 2009
Intellectual Property Information, Trade Marks ™ ®
Owners of intellectual property (including trade marks) can often take advantage of its commercial value by licensing other people to use it in a controlled manner.
Allowing someone to use your intellectual property under license would typically ensure a regular royalty stream as well as enhancing the awareness of your brand through the marketing and other activities of the licensee.
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
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Trademark License
February 16, 2009
Brand Names, Intellectual Property News, Trade Marks ™ ®
Trademark license granting is when the owner of a registered logo or brand – thus trademark provides the right to usage or trading to other parties. The owner granting the usage through a trademark license agreement may wish to do so for the purpose of expanding business, doing marketing or gaining financial benefits from the commercial exploitation of his trademark.
A person or company may thus approach the owner for a trademark license agreement which may be subject to annual renewal of the agreement or which there may be certain conditions such as geographical limitations, association, payment of royalties, usage only under specific circumstances or for specific products.
Such a trademark license agreement should not be taken lightly, as the terms and conditions must be spelled out in a clear and concise manner without contrasting rights provided.
It is recommended that you approach the attorneys of Smit & Van Wyk for assistance in setting up trademark license agreements.
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