Intellectual Property

South Africa
Smit & Van Wyk Patent, Trademark & Registered Designs

International Trademark 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, but some countries do have use requirements.

There is no such thing as a “worldwide” trademark. Some international agreements make it possible to file a single application to register a mark in more than one country. For example, a registration with BOIP offers trade mark protection in Belgium, Luxembourg and the Netherlands. A Community Trade Mark registration protects a trade mark in all the member states of the European Union. The Madrid Agreement make it possible to file an application for an International Registration, which will offer a trademark protection in any of the countries the applicant designates that are party to those treaties. Filing with OAPI or ARIPO protects a trademark in all the African member states of the respective organisations.

Your intellectual property is a valuable intangible asset that should be protected in all the countries or territories in which you will use your mark. Smit & Van Wyk is a specialist legal practice that deals with patent, trademark and copyright law in the U.SMalaysiaIndiaChina, and Australia.

Our services includes trademark searches, maintenance and enforcement, but more specifically: providing advice on the registrability of a trademark, preparing and prosecuting trademark applications, licensing or franchising rights, handling of trademark maintenance including payment of renewal fees and recording amendments.

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What We Can Do For You

South Africa

South Africa

We assist with the filing, prosecution and enforcement of your patent, design, trade mark and plant breeders’ rights in South Africa. Copyright dispute resolution and litigation. Franchise agreements and negotiation. Company registrations. Domain name registration and protection.

Patents in Africa, Trademarks in Africa

File in Africa

Foreign clients who wish to file patent, design and trade mark applications in South Africa and across Africa (including OAPI and ARIPO). Our firm acts as a patent agent as well as a trade mark agent for foreign clients who wish to protect their Intellectual Property in Africa.

World, International Protection

International Protection

Local clients who wish to file and protect patent , design and trade mark applications internationally. Our services include the search, filing and renewal of patents and trade marks in foreign markets such as Australia, China, the United States, Canada, Europe, Japan, etc.

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Domain Names

Domain Names

In simple terms, a domain name is the address through which internet users can access a website, for example, www.companyname.co.za or www.companyname.africa or www.companyname.com. Although these...

Common Law Tort of Passing Off

Common Law Tort of Passing Off

A question that inevitably arises is whether unregistered trade marks are afforded protection in South Africa and if so, to what extent. South African trade mark law is hybrid legal system governed...

South Africa

South Africa

The Smit & Van Wyk team of experienced intellectual property attorneys are able to provide legal advice regarding your patents, trade marks and copyright. We are a specialist...