Brand Name

There are strict laws governing Intellectual Property throughout the civilized world. Intellectual property can be divided into four categories; these are Trademarks, Patents, Designs and Copyright. Intellectual property laws are designed to protect these different categories, although in some cases there is a degree of overlap. A trademark is a type of industrial property that is distinct from other forms of intellectual property. Brand names fall into the category of Trademarks. A trademark is a distinctive logo, brand name or slogan that is used to distinguish an organization and its products or services from those of other organizations. Brands or Brand Names originated in the 19th century with the advent of packaged goods. Industrialization moved the production of many household items, for example soap, from local communities to centralized factories. When shipping their items, the factories would literally burn or brand their logo or insignia onto the barrels or crates used, and this is where the term comes from.

Trademarks are an extremely important division of intellectual property and constitute an extremely valuable asset to most companies. Although a trademark may be defended under common law, it may only be defended under the Trademark Act if it is registered with CIPRO. Once registered, no one else may use that trademark or a similar one that may be confused with it. Trademarks may apply to either products or to the services of a company. The owner of a trademark is protected from other companies copying his trademark or from using anything that even vaguely resembles it. Once registered, a trademark is good forever but it must be renewed every ten years. In order to register your brand name you will need to seek the advice of a trademark attorney.

A trademark attorney is an attorney who specializes in intellectual property other than patents. Trademark attorneys are bound by a code of ethics that are laid down by the South African Institute of Intellectual Property Law. Trademark attorneys can advise you on the protection of your trademarks, brand names, designs, logos as well as the laws regulating intellectual property.

A trademark can be either a logo, a slogan or a brand name – in the case of Coca Cola it can even be the shape of the bottle. It can be the most valuable asset of a business and it is important that it is adequately protected. A brand name is a word or combination of words (Kentucky Fried Chicken). Trademark attorneys will be able to advise you on both the selection of trademarks or brand names and will carry out searches to ensure there is no conflict with earlier trademarks. Registration of your trademark offers you several advantages. It establishes your rights to the mark, even before you use it. Registration of your mark will also simplify any infringement proceedings and notifies others of your claim to that mark. Trademark attorneys can also advise you on searching, licensing, technology transfer, setting up joint ventures, copyright protection and litigation in relation to intellectual property.