Intellectual Property lawyers in South Africa fall into two categories, South African Trademark Attorneys and South African Patent Attorneys. Both are controlled by the South African Institute of Intellectual Property Law and have passed exams set by its Council.
The difference between the two is that in order to become a Patent Attorney, a lawyer must possess a degree in science or engineering as well as their law degree.
Patent attorneys have this degree whereas South African Trademark Attorneys do not. The Trademark Act 194 of 1993 governs trademark legislation in South Africa, and trademark attorneys specialize in this legislation. Trademark attorneys can thus give you sound advice on the implementation of new trademarks.
The are also able to register new trademarks on your behalf and to handle any legislative matters that arise regarding trademarks, for example what to do if infringement occurs.
South African Trademarks can be split into two main categories, conventional and non-conventional trademarks. The conventional category can be looked on as the traditional types of trademark, such as:
Brand Names – e.g. Mercedes Benz, Johnnie Walker, Marmite
- Slogans – e.g. “Let your fingers do the walkin’ ”
- Logos – e.g. The Audi logo
- Specific shapes – e.g. The big M of MacDonalds
Non-conventional trademarks are becoming more and more popular in different legislations throughout the world, and South African Trademark Attorneys are having to become experts in this field as well as in the conventional trademark field.
Non-conventional trademarks seem to be based on the semi-abstract, and include marks centred on appearance, shape, sound, smell, taste and texture. They can either be visible marks like colours, holograms or mofing images, or non-visible marks like scents, tastes and textures.
Trademarks can only be protected under the legislation of the Trademark Act by South African Trademark Attorneys if they are registered with the Companies and Intellectual Property Registration Office (CIPRO) in Pretoria. South African Trademark Attorneys can carry out registration on your behalf and if you contact us we will be able to assist you in this regard.
If your trademark is not registered it can only be defended under common law. Before registering your trademark you will need to carry out a search in order to determine that the mark is not already being used by someone else, not only in South Africa, but throughout the rest of the world.
Once this is established South African Trademark Attorneys can register it in your name. Once your trademark is registered you will receive a certificate from CIPRO that is recognized by the courts. You then have exclusive rights to that trademark – you can licence others to use it, can sell it – it is your exclusive property.
Once registered in your name, a trademark remains valid for ever, but needs to be renewed every ten years for a small renewal fee. If you would like one of our South African Trademark Attorneys to assist you in any query you may have regarding trademarks, please contact us.
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