Trademark Registrations

January 4, 2010
Trade Marks ™ ®

They say all is fair in love and war, and if you don’t take the necessary precautions, you can add the business world to that list as well. While governed by certain laws and rules, if given the gap, there are a number of unscrupulous business people out there who will play the game any way necessary to get to the top or simply make a quick buck. Trademark registrations help you protect your brand from being exploited by unauthorised entities.

By using something very similar to the look of your brand, competitors can easily ride on your success, or even tarnish your public image. Trademark registrations are not a very complicated process, but can help you avoid being caught in a situation as mentioned. Smit & Van Wyk Incorporated is a leader in this field in South Africa, and has the necessary skill, experience and resources to assist you with any and every aspect regarding trademark registrations.



Trademark Process | TM1 and TM2 Submit Forms

September 28, 2009
Attorneys

The trademark process is relatively simple but can appear to be rather lengthy:

  1. Establish that the trademark has not been previously registered anywhere else in the world.
  2. Once this is established submit forms TM1 and TM2 to the Companies and Intellectual Property Registration Office in Pretoria along with the appropriate registration fee.
  3. Once these forms have been handed in, you may now start using your trademark, although registration will not be complete for another eighteen months.

For any other information regarding the registration of trademarks you should talk with one of our Trademark attorneys.



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

Register a Trademark

Protect your Trademark

How to Register a Trademark

Trademark Attorneys

What is a Trademark?



How can I find the Domain Name Owner on the Internet?

March 25, 2009
Domain Names, Intellectual Property News, Trade Marks ™ ®

Domain Name Owner on the Internet

If you want to find the domain name owner for the purpose of establishing whether there is a trademark registration infringement from your side or you want to find the domain name owner because you feel that a trademark infringement upon your rights took place, you can do an Internet lookup through http://co.za, uWhois or  Geektools.

You should however note that tools are not all inclusive and you can thus miss information. If you want to find the registration information of a domain name owner you can go through UniNett and then locate the top level domain registries.

Before taking steps consult with lawyers in trademarks, such as the team of Smith & Van Wyk regarding what constitutes trademark infringement and how to approach the domain name owner first.



Unsuccessful Trademark Applications

February 16, 2009
Brand Names, Trade Marks ™ ®

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.