Trademarks | Getting Started
June 15, 2011
Attorneys, Trade Marks ™ ®
1. Trademark Search and Filing Procedure for South Africa
The main function of a trade mark is to distinguish the goods and services of a proprietor in the trade from other goods and services. Statutory trade mark protection will afford the proprietor the right to restrain the unauthorized use by a third party of an identical or confusingly similar trade mark in respect of the identical or confusingly similar goods/services for which the mark has been registered. A trade mark is also a valuable intellectual property asset.
2. Trademark Availability Search
When a new trade mark is identified, the first step is to conduct a trade mark availability and registrability search to ascertain if the mark is available for use and registration. The possibility exists that a third party may own a trade mark which is identical or confusingly similar to your proposed mark and if you use the mark, such use could amount to trade mark infringement. If you want to file an application to protect the mark, it is also important to know that the status of the register is as there may be obstacles which could prevent registration of the mark.
Costs for conducting trademark registrability searches in South Africa (inclusive of all fees, official expenses and VAT):
- Wordmark Search (per mark): R2508
- Logo/Device Search (per mark): R2850
3. Trademark Application
Once the search has been conducted and no obstacles were revealed, the next step is to file a trade mark application. The trade marks register is divided into 45 classes and it is important to identify all the goods and services of interest to ensure that the application/s is filed in the correct class/es. Should you wish to proceed, kindly furnish us with a detailed description on the specific goods and services for which the mark (s) will be used in order to enable us to advise you further on the specific classes of interest.
Costs for filing trademark applications in South Africa (inclusive of all fees, official expenses and VAT ):
- First Application: R2813
- 2nd Onwards Application (per mark per class): R2585
4. Process
Once a trade mark application has been filed, the Registrar will allocate an official filing number and the application will carry the registrar’s date stamp. Any identical of confusingly similar trade mark applications filed subsequently, will be refused as the earlier application will effectively act as a bar on the register. After the application has been filed, it takes approximately 10-13 months for the Registrar to examine the trade mark where after he will inform the applicant if the mark has been accepted, refused or whether it will be accepted if certain formal requirements are complied with.
Please note that the above quote includes all filing fees and official application disbursements. Prosecution costs resulting from the official examination are not included in the filing fees as such costs will depend upon the Registrar’s specific examination requirements. Further costs may be payable once the mark has been examined and /or accepted by the Registrar.
Once a trade mark proceeds to registration, the proprietor’s rights will date back to the date of filing. You may mark your pending trade mark application with the abbreviation ™ to indicate that trade mark rights are claimed. Only once the mark has proceeded to registration may you use the ®.
The rights in a trade mark are territorial and are limited to the territory in which registration has been obtained. The quote furnished above is for South Africa. If the trade mark is being used/will be used in other countries for example neighbouring countries like Namibia, Botswana, Mozambique, Zimbabwe, Lesotho and Swaziland, consideration should be given to filing applications in the relevant countries which each has its own independent registry. Please let us know if you require more information in this regard.
There is no cross-referencing between the Register of Trade Marks and the registers of Companies and Close Corporations. It is therefore advisable, especially if the trade mark is to be used as the name of a Company or Close Corporation, to conduct a search at the offices of the Registrar of Companies and Close Corporations to ascertain if the name is available as the name of a Company or Close Corporation.
In order to proceed with the filing of your proposed mark please let us have the following information:
- Details of mark, i.e. wordmark and/or logo;
- Particulars of applicant;
- Physical address of applicant;
- Postal address of applicant;
- Classes of interest, alternatively a description of goods and services for which the mark will be used
We look forward to hearing from you.
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Why make use of Pretoria Trademark Lawyers?
March 19, 2010
Trade Marks ™ ®
There are numerous benefits associated with the use of Pretoria trademark lawyers to file trademark applications.
Although you can go the route of application without Pretoria trademark lawyers, it should be noted that you will also have to conduct trademark searches before registering a specific logo, slogan, product or service as trademark. The searches must be comprehensive as another company can very well come along a few months down the line and challenge the trademark after you have invested a lot of money in your branding.
If the challenger wins you will have to either pay compensation or will have to discontinue usage of the trademark. In some cases both will be required.
The Smit & Van Wyk Pretoria trademark lawyers have years of experience in trademark registration and as such will help you avoid all the pitfalls associated with the trademark application process.
Trademark Lawyer and the Scope of Trademarks
February 3, 2010
Trade Marks ™ ®
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.
Trademark Law also extends to the Internet
February 3, 2010
Trade Marks ™ ®
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 analyzed 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.
Trademark Protections
February 3, 2010
Trade Marks ™ ®
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.
