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Background on Provisional Trademarks
Provisional trademarks can be described as trademark applications which are pending. As such provisional trademarks are thus already valid in the sense that once applied for that the marks have priority over other applications.
As soon as a trademark application is done it is examined for meeting the requirements of trademarks in the country. As part of this assessment a trademark search is conducted to determine whether it is unique and not in conflict with prior registrations or provisional trademarks.
It is not compulsory to register a trademark to use it, but it should be noted that the protection is limited to common law. To get full protection against infringements of a trademark, it is recommended that you register the trademark at the South African Trademarks Office.
It isn’t a given that a slogan, logo, word, phrase or shape will be awarded registration status. It should also be noted that a person can lodge an opposition to a trademark registration. It should be done within the specific time frame allowed in the particular country.
A company can already use the trademark while the application is in progress, but may not use the registered symbol until it is granted registration status.
In South Africa the trademark must be worked within five years of the filing date to prevent expungement. Renewal fees must also be paid in time as should be done for the annual maintenance fees.
The initial period for validity is ten years where after the trademark can be renewed for periods of ten years. This ensures that a brand can develop over time and that the money spent on branding can be recouped over and over.
Trademark registration helps a company to protect its brand against infringement and also helps to protect its reputation. Contact us today for assistance regarding provisional trademarks in South Africa and abroad.
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