International Trade Mark Protection
Foreign Trade Marks
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.
More about Intellectual Property Law
Hoe to Patent an Idea in South Africa
The first step is to file a South African provisional patent application for your invention. This is done to obtain the earliest possible date from which to claim rights to your invention, much like an option to protect your invention.
PCT National Phase Applications
A PCT National Phase entry provides a unified procedure for filing patent applications to protect intellectual property in each of its contracting states. A patent application filed under the PCT is called an international application, or PCT application. A single filing of an international application is made with a Receiving Office (RO) in one language. It then results in a search performed by an International Searching Authority (ISA)
How to Register a Trade Mark in South Africa
Once a trade mark is registered in South Africa, it needs to be renewed every 10 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. A registered trade mark can be protected forever.
Register a Business Name
By registering a trademark for your business name, competitors are prohibited from exploiting that name. In addition, you may also register multiple trademarks for different product lines, each with their own brand. This will allow you to protect those names or brands, independently of your business name.