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Why Seek Trademark Protection?
You may wonder whether trademark protection is worth the trouble if considering that a trademark doesn’t have to be registered to be used.
The truth is that once a person wants to export to another country that the trademark protection becomes essential. If you have not registered for trademark protection in South Africa, you will first have to apply before being able to apply for trademark registration in the particular country where you want to export to.
The time involved may cause financial losses, and also, you will face the risk of someone starting to use the mark in the particular country before you have even registered it in South Africa. This means that money already spent on branding may be a total waste.
It is easier to show that your mark has priority through the register than it is to prove when you use an un-registered trademark. Passing off is not easy to demonstrate under common law and it would thus be better to take the steps for registration sooner rather than later.
Trademark registration provides some kind of prestige to a brand, showing the consumers and the competitors that you are serious about your brand.
Competitors will think twice before infringing on your trademark rights, but may not even consider the consequences of such if you have not registered the trademark.
Trademarks can be assigned in South Africa ensuring that the initial money spent on registration and maintenance fees can be seen as an investment. If you want to sell your business you can assign the trademark to the next owner. As such it definitely is worth the investment.
If you are thus serious about branding and building a good reputation in the market, you should seek trademark protection for your brand of goods and services.
Contact us today to help you with the trademark application and registration in South Africa and abroad.
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