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The Trademark Registration Process
A trademark can be described as a mark the uniquely identifies and distinguishes the products and services for which it is used and registered from the ones offered by competitors in South Africa and in other countries.
You can register a trademark under the regulations of the South African Trademarks Act No. 194 of 1993. The mark can be renewed indefinitely.
If you are serious about brand building then registering a trademark for the specific brand should be a priority.
Once registered, it will afford you the exclusive usage rights to the mark, the right to set-up a license agreement regarding the use thereof and assigning it.
Consumers will come to recognise the brand and it will deter competitors from using a similar mark that may cause confusion with the public about the brand.
Renewal of the mark can take place every ten years and as long as the maintenance fees and renewal fees are paid within time, you will have exclusive usage rights. You can register a slogan, logo, word, phrase or shape.
If you want to apply for trademark rights you will need to provide us a copy of the intended mark as well as a signed power of attorney. We will complete the application forms and discuss the registration options with you. Where relevant, we will also file applications in other countries on your behalf.
Before the mark is registered it must meet the requirements of registration such as being unique, applicable and distinguishing your goods and services from others.
We conduct the mark searches on behalf of the client to ensure that there is no conflict with prior registered or pending marks. We can also conduct searches through the foreign trademark offices.
You may transfer the trade mark rights to another when for instance, selling the business. You may also set-up license agreements, which will be the case when establishing a franchise.
Contact us today for trademark registration assistance and advice.
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