Definition of a trade mark
(What is a trade mark / ™ ? )
A trade mark is a mark which distinguishes your goods or services from goods or services of others in South Africa, or elsewhere.
Trade marks are registerable in terms of the South African Trade marks Act No 194 of 1993 and subject to certain requirements may be renewed indefinitely, thereby ensuring the continuity of your brand.
The value of a trade mark
(Why should I register a trade mark?)
You are in the process of building the reputation of your product. However, competitors may try to imitate your product if it is a commercial success.
To ensure that the buying public does not confuse your goods or services with those of your competitors, registering a trade mark is a cost-effective way of protecting your name and reputation.
Duration of Trademark protection
Once a trade mark is registered in South Africa, it needs to be renewed every ten years to stay in force.
However, provided you continue renewing your trade mark registration in South Africa, your rights to the trade mark may last indefinitely.
Registering a trade mark?
We would require you to provide us with a copy of your intended trade mark - be it a simple name or slogan, or a stylised logo. We would also require details of all products or services that you intend applying the trade mark to.
This is necessary, as one has to file a separate trade mark application in each of the international classes relating to your product(s) or service(s).
Trade marks are registered at the South African Trade marks Office and foreign trade mark registrations may be obtained should you wish to market your product in foreign countries.
Uniqueness of a trade mark
(How do I know if someone else has registered the same trade mark?)
In order to be considered registerable, your trade mark must be capable of distinguishing your goods or services from those of your competitors.
To this end, we can conduct searches through the records at the South African Trade marks Office.
This will provide an indication of whether there are existing trade marks which are identical or similar to yours.
Foreign trade mark searches may also be conducted - please contact us, should you wish to have a search conducted through the trade mark offices of foreign countries.
Company names and trade marks
A company name registration is independent of a trade mark registration. Your company may have built up a substantial reputation which may be eroded by competitors who may not even have a registered company.
By registering and enforcing a registered trade mark, such competitors may be prohibited from using your registered trade mark. In addition, you may be marketing several product lines, each with its own name or brand which are different from your company name.
Registering trade marks for each of these names or brands will allow you to protect such names or brands, independently of your company name.
Transferring a trade mark
Trade marks can be transferred through assignment - in other words, trade marks may be bought or sold like other commodities.
Alternatively, you may wish to license your trade marks to another manufacturer, who will then pay royalties for the use of your trade marks.
A trade mark, like a patent, may even be hypothecated to serve as security.
Taking the first step to protect your trade mark
Please feel free to contact us to discuss the filing of trade mark applications for your products or servics in South Africa or abroad. |
