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Main Trademark Advantages
Considering the cost international trademark registrations and the renewal fees involved, one may need to also consider the many trademark advantages.
Some of the main trademark advantages are briefly described below to help you make an informed decision regarding the benefits involved in registering a trademark in South Africa and abroad.
Exclusive Usage Rights
One of the main trademark advantages is the exclusive usage right that the owner gets. If the trademark is registered in South Africa only, the rights will apply within the borders of the country. If the mark is registered in various countries, the rights will extend for added protection.
Protection against Infringement
The owner can take legal steps against a party that has infringed on his rights and will have proof of registration.
Assignment
In South Africa, trademark assignment is recognised. If a person thus wants to sell a business with assignment of the trademark to the new owner it can be done. It will thus add value to the business and can also be seen as an investment.
More Protection than for Unregistered Trademarks
Although a trademark doesn’t have to be registered to be used in South Africa, registered trademarks have more protection as it is easier to give evidence of infringement than it is to proof that passing off has taken place under common law.
Quality Control & Leverage for the Owner
If a license agreement is setup with another party, the owner can retain quality control powers and as such ensure that the reputation of the trademark is not damaged.
Registration is a Deterring Factor
Whenever a person wants to register a trademark, a complete trademark search is done. If your mark is registered it will come up if the user wants to register a similar mark. As such the user will immediately redesign or name to prevent a future infringement lawsuit.
Take hold of trademark advantages by registering your trademark. Contact us for assistance regarding the process today.
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