Trademarking

As an entrepreneur or business owner, trademarking your name and/or logo is crucial to protecting your intellectual property from infringement. A trade mark is a recognisable sign, design, or expression which identifies your brand from those of others. A trade mark owner can be an individual, business organisation, or any legal entity. Trade marks are often displayed on company buildings, packaging, stationary, documents etc. Trade marks used to identify services are usually called service marks.

The owner of a trade mark may pursue legal action against trade mark infringement, and most countries require formal registration of a mark as a precondition for pursuing legal action. Common law actions may be taken to protect unregistered marks, but offers less legal protection.

One should begin the process of trademarking as soon as possible. It is necessary to register a trade mark in all countries in which your business has operations, because trade marks are territorial in nature. File in Africa

The ® symbol indicates a registered trade mark and the ™ symbol indicates a trade mark, but does not indicate registration. The ℠ symbol indicates a service mark (a trade mark for the provision of services).

More information regarding Trade Marks:

Trade Mark a color in South Africa – The South African Trade Marks Act specifically provides for the registration of non-conventional trade marks, such as colors. A mark is defined as any sign capable of being represented graphically including, shapes…

Trade Mark Search – It is always advisable that the trade mark be searched before the application is made. In order to be considered register-able, your trade mark must be capable of distinguishing your goods or services from those of your competitors…

Trade Mark Requirements – It serves the purpose of distinguishing the goods/services of one trader from those of another trader. It does not consist exclusively of a sign or an indication which may serve, in trade, to designate the kind, quality, quantity, intended…

Trade Mark Application Requirements – We would require you to provide us with a copy of your intended trademark – be it a simple name or slogan, or a stylised logo. We would also require details of all products or services that you intend…

Trade Mark Exclusions – Marks that may NOT be Registered: Emblems fall under the protection of the Merchandise Marks Act. The following are regarded as state emblems: Seal of the Republic, Coat of Arms of the Republic…

Trade Mark Costs – Contact us to request prices for trade mark searches, applications, renewals and trade mark assignments….

International Trade Mark Protection – Your mark should be registered in the countries in which you offer your products or services under that mark. You should also consider filing in countries where you intend to use the mark in the future…

Trade Mark Protection in South Africa – 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 register-able in terms of the South African Trade Marks…