February 3, 2010 | Advocates
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.
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February 3, 2010 | Advocates
Before the advent of the Internet, chances for infringing on the trademark rights of a third party were not that prominent. Today, the scope of reach on the Internet means that the possibility of infringing on an existing trademark is huge. The Trademark Law also extends to logos, names, shapes, fonts, and domain names on the internet. To ensure that you don’t use a logo, name or perhaps a domain name that can cause confusion you need to get your website analysed for trademark availability. A specialist in Trademark Law such as a trademark attorney will do searches in various databases and will also do an assessment of sources on the internet to establish that your website doesn’t infringe on any trademarks. Stay on the right side of Trademark Law by getting an assessment.
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February 3, 2010 | Advocates
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.
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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.
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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.
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September 28, 2009 | Attorneys
Trademark applications may be made to the CIPRO (the Companies and Intellectual Property Registration Office) offices in Pretoria. If you have a trademark that need registration, you should first establish that the trademark has not been previously registered anywhere at all. The registration fee is currently R266, which must be handed in to the office along with forms TM1 and TM2. Although it usually takes up to 18 months for registration to be complete, you may start using the trademarks as soon as the forms have been handed in. A Trademarks Attorney or an Intellectual Property Attorney may carry out trademark applications on your behalf.
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Trademark applications may be unsuccessful when specific conditions for trademark registration are not met. A few reasons for unsuccessful trademark applications are listed below:
When the mark does not fall within the allowable definition range
When it is not able to distinguish goods or services
If the mark has become customary for goods or services
When there is no clear bona fide purpose for the usage of the mark
Should the mark be a copy or imitation of another registered mark for goods
If it indicates patronage
If such a registration will limit the growth of a particular industry
Should the trademark applications indicate deceptive marks
Should it be likely to cause confusion
Any mark similar to one already in use.
Contact us to help you with the procedures regarding trademark applications and prevent lawsuits, objections, and wasting of money.
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