Trademark Registrations

March 19, 2010
Intellectual Property News and Interesting Facts

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.