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Just because you have come up with the logos for your company does not signify you have the trademark rights under the current trademark laws of South Africa. You must also be aware that the trademark is not identical to the company name.
You can choose any name when beginning a business. This name, however, must be unique in its industry -- in other words, no other business in the same industry can have the same name.
You will come up with company logos to match the pictures you want to show for your businesses and employ them for branding. You will not own the rights of your company logo under South African trademark laws unless you register that logo as a trademark, as this entitles you to exclusive rights to that logo as a brand for your business and its products.
Our trademark lawyers can help you with litigation matters related to trademark infringements under the trademark laws of South Africa.
The attorneys will present the case for the client. It is best not to even let things get to this step; do a full trademark search beforehand to make sure there are no conflicts with prior trademark rights or registrations.
To do this properly, first search the trademark registries followed by the databases holding the names of the registered businesses. Additionally, there will be searching required for names of web addresses. Only if no similarities are found, can the trademark be registered without fear of lawsuits.
Contact the team of experts on trademark laws at Smit & Van Wyk to help you conduct searches and register trademarks that meet the requirements.
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