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:
- First Application – R2813.00
- 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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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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Jeep Trademark
July 7, 2011
Intellectual Property Information, Intellectual Property News
Image source: www.jeep.co.za
Jeep is the oldest off-road vehicle and sports utility vehicle brand in the world. The original Jeep vehicle first appeared as a prototype Bantam BRC and became the primary light 4×4 of the United States Army during World War II.
Jeep advertising has always emphasized the vehicle’s off-road capabilities. The original Jeep trademark name application was filed in 1943 by Willys-Overland.
As the only company that continually produced Jeep vehicles after the war, in 1950 Willys-Overland was granted the privilege of owning the trademark name “Jeep“.
The Jeep Wrangler is one of the few remaining 4×4 vehicles with solid front and rear axles. Solid axles are known for their durability and strength and tend to be easier “lift” with aftermarket suspension systems that increase the distance between the axle and chassis of the vehicle.
The Museum of Modern Art described the Jeep as a masterpiece of functionalist design, and has periodically exhibited the Jeep as part of its collection.
Jeepneys were built from Jeeps by lengthening and widening the rear tub of the vehicle, allowing more passengers to ride. Jeepneys have become the most pervasive symbol of the Philippines.
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How to Register a Trademark in South Africa?
July 1, 2011
Intellectual Property Information, Trade Marks ™ ®
What is a Trademark?
A trademark is a unique mark which distinguishes your goods or services from other. Trademarks are registerable in terms of the South African Trademarks Act No 194 and is subject to certain requirements.
Why should I register a trademark?
If you are in the process of building a reputation for your brand competitors may try to imitate your product. To ensure that the public does not confuse your goods or services with those of your competitors, registering a trademark is a cost-effective way of protecting your brand and reputation.
Duration of Trademark protection:
Once a trademark is registered in South Africa, it needs to be renewed every 10 years to stay in force.
What to do?
Trademark attorneys would require you to provide them with a copy of your intended trademark (name or slogan, or logo). Trademark attorneys would also require details of all products or services that you intend applying the trademark to. Trademarks are registered at the South African Trademarks Office and a separate foreign trademark registrations should only be obtained if you wish to market your product in foreign countries as well.
How do I know if someone else has registered the same trademark?
In order to be considered registerable, your trademark must be capable of distinguishing your goods or services from those of your competitors. Trademark attorneys can conduct searches through the records at the South African Trademarks Office.
Company names and trademarks
A company name registration is independent of a trademark registration. By registering and enforcing a registered trademark, competitors may be prohibited from using your registered trademark.
Estimate Cost for a Trademark Search:
Logo R2850.00 per mark
Word mark R2508.00 per mark
Estimate Cost for a Trademark Application:
First application R2813.00
Second onwards application R2585.00 per application
Click here to REGISTER A TRADEMARK
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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