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Trademark Appeals Instances And Assistance
In South Africa, trademark appeals can be lodged from a High Court or it can also be done from the Registrar of Trademarks. Trademark appeals can be done to the provisional division of a relevant High Court. For each of the levels of trademark appeals leave to appeal from the specific court must be obtained.
Two forms of proceedings exist regarding trademark appeals, namely motion and trial proceedings. For details on trademark appeals with the regard to proceedings we recommend that you contact our intellectual property attorneys.
Trademark appeals are often made by parties regarding for instance, the validity of a trademark registration. Someone may oppose a trademark registration and lodge an appeal regarding such.
Evidence is normally submitted to support the claims by both parties involved should the applicant want to defend their trademark application.
Trademark appeals are also made where there is a dispute regarding, for instance, the license agreements between two parties for usage or where one party may bring evidence of infringement on their trademark rights by another.
Trademark appeals are done when the outcome of the authority’s decision is not agreed with by one of the parties. It should be noted that litigating counsellors are required and as such specific proceedings must be followed. For such purposes one will need the services of experienced trademark attorneys and litigating attorneys.
Smit & Van Wyk intellectual property attorneys can also help clients to do trademark appeals according to the allowable proceedings.
In addition to the above assistance, we provide assistance with trademark searches, registration, renewal and restoration in South Africa and in other countries. With the field of trademark law being complicated, it is recommended that one registers a trademark with the assistance of a trademark attorney.
View our range of services and contact us for assistance regarding trademark appeals, registrations, renewals, and restoration.
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