Smit & Van Wyk Patent, Trademark & Registered Designs

Business Start-up Package

Intellectual Property Insights

Smit & Van Wyk offers a business start-up package for businesses that are looking to protect all aspects of their new venture. The package includes the following services at a reduced cost:

  • Company name reservation,
  • Company registration,
  • Domain name search,
  • Domain name registration,
  • One trade mark search in one class, and
  • One trade mark registration in one class.

Company Registration – Your Business Name

There are five different types of companies that may be registered with the CIPC in South Africa and it is possible to apply four different company names during each application process. Private Company, Public Company, Personal Liability Company, State-Owned Company, Non-Profit Company. Selecting the appropriate company type is essential to the success of a start-up. To register a company is a simple and inexpensive procedure, however, you will need to file an annual return and pay annual fees irrespective of whether or not the company is trading. Read more about Company Registrations

Trade Mark – Brand

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 Act No 194 of 1993 and subject to certain requirements may be renewed indefinitely, thereby ensuring the continuity of your brand. Examples of Trade Marks:Name, Slogan, Logo, Shapes, Three-dimensional Marks, Colors, Holograms, Motions / Multimedia, Positions, Gestures, Olfactory (smells / scents), Sounds / Tunes, Tastes, Textures. Read more about Trade Marks.

Domain Name – Your website and Email address

The uniqueness of the domain name lies in the fact that only one entity can have the right to a specific domain name. Domain name protection is important for protecting brands and trade marks online. Domain names, like trade marks, are assets to any business and it is thus essential to have a domain name strategy in place. Read more about Domain Names

When starting a business, it is important to protect the business’s name (company registration), brand (trade mark registration) and online presence (domain name registration) from the outset. If protection is not sought, anyone will be able to use or exploit the brand, whether it is the company name, trade mark or domain name, which will likely cause consumer confusion and result in loss of sales.

It is possible to perform the above matters separately however, due to the interrelatedness thereof, we advise that they are performed simultaneously. This is especially true when your business is at a start-up stage and has not yet committed to any particular branding. To illustrate this, consider the example of having registered the company name, only to find that the trade mark or domain name has already been taken or visa versa.

Our business start-up package offers the above services at a reduced rate to start-ups. Please contact us for costs regarding our business start-up package. We can also refer you to an accounting and business specialist firm that can assist with any accounting and tax requirements when starting your business.

Posted on 7 April 2021
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