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:

1. First Application – R2813.00
2. 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

No Comments »

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

2 Comments »

Brand Names to Distinguish Products & Services

June 8, 2011
Brand Names, Intellectual Property News

Brand names are used to identify and distinguish specific products, services or company names from that of competitors. Brand names can be in the form of signs, symbols, slogans, names, shapes and colours combined with any of the above to create a unique identification.

The first step in protection of a brand name is that of trademark registration. It is also the most powerful and protective means. Another form is to register a brand name also as a company name and ensuring that domain name registration takes place for the particular brand name.

Brand names have value and can be sold with or without goodwill when a business is sold. Brand names furthermore are seen as investments. As such the Google brand name has tremendous value. Without trademark registration in all the classes within which one needs to get protection and in all the countries where you want to protect the name it will be foolish to invest excessive amounts into the marketing and development of a brand.

Trademark registration provides the legal protection needed against the unauthorized usage of a brand name. Trademark protection for brand names can be enhanced to ensure maximum protection by following the steps below:

• Select the trademark carefully to ensure that it is unique and will not easily become generic.
• Register the trademark in as many as possible classes and countries.
• Use the trademark often to protect against requests for cancellation.
• Where possible make use of formats that will ensure that the brand can stand out such as all caps or italic when referring to your brand in documents.
• Use the trademark registration mark whenever you make use of the brand name in text.
• Make use of Internet technology such as Google Alerts to monitor the usage and reference to your brand name.

Contact us at Smit & Van Wyk Intellectual Property Attorneys for legal assistance in the protection of brand names.

Related Trademark Links

What is a Trademark? – A trade mark (trademark or trade-mark) is a distinctive sign used to identify original products or services…

Trademark Violations – Trademark infringement could cost you profits and damages and when your registered trademark is violated by…

Trademark Symbol – When a trademark is used in relation to services rather than products, it may sometimes be called a service mark…

Trademark Registrations – Anything which is used in trade to distinguish your goods or services from the goods and services of others…

Trademark a Name – Any name that is used in trade to distinguish your goods or services from the goods and services of others as…

No Comments »

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.

No Comments »

Trademark Registrations

March 19, 2010
Intellectual Property Information

Some of the frequently asked questions about trademark registrations are briefly answered below.

Why consider trademark registrations?

Although seemingly a lengthy process, trademark registrations help to ensure that once completed successfully that the holder of the rights will have monopoly rights over the usage of the registered marks. This will help deter others from using similar marks or marks that can confuse the consumer ensuring that you can brand your products and services. If infringement of your rights takes place, you will have the right to take legal steps against the perpetrator.

What exactly is a trademark?

It is any mark, wording, or phrase or combination of wording and a logo or a logo alone, which will distinguish your goods and services from the ones of competitors in South Africa, and internationally, if registered internationally.

Which act regulates trademarks in South Africa?

The South African Trademarks Act No. 194 of 1993 governs trademarks in South Africa.

How long is a trademark valid?

The trademark can be renewed indefinitely ensuring that a brand can have longevity.

Can a trademark be challenged on the grounds of non-usage?

Yes, if a trademark is not used for the product and class it was originally registered for over a period of time, its validity can be challenged.

Isn’t a company name a trademark?

No, company names are registered apart from trademarks and as such you will need to register your company name as a trademark if you want to have the protection that comes with it being registered as such.

Who can a person contact for more information on trademark registrations?

You can contact the lawyers of Smit & Van Wyk in South Africa regarding any issues surrounding trademarks and to help you apply for registration.

5 Comments »