Patents, Trade Marks & Copyright Banner

Trademark Domain Names

Does South African trademark laws extend to domain names?

The Internet has opened a whole new minefield for copyright and trademark infringements. The South Africa trademark laws can also be applied to domain names on the Internet, provided that the domain name is a registered trademark. It is not that simple to get a domain name registered as a trademark, but it is possible. You may very well find that your domain infringes on the trademark rights of another domain name owner.

If a company such as a soft drink beverage maker has a specific brand associated with its drinks the company may wish to also register their domain as a trademark to prevent any possibilities of another company using a similar name to confuse users. With no regulatory body to enforce the South Africa trademark laws on domain names, many such infringements can take place.

Transferring a Trademark

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 trademarks to another manufacturer, who will then pay royalties for the use of your trademarks. A trademark, like a patent, may even be hypothecated to serve as security.

Trademark Duration

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, provided it is renewed every 10 years upon payment of the prescribed renewal fee. If your registered trade mark has not been used in South Africa for a continuous period of 5 years, another person may apply to have it removed from the Register.

Patents

Inventions, Ideas, New, Inventive and Useful, Gadgets, Biotech

Designs

Appearance, Aesthetic, Functional, Industrial Design, Design Patents

Tarde Marks

Name, Slogan, Logo, Shapes, 3D Marks, Holograms, Motions

Copyright

Literary, Musical, Artistic, Sound Recordings, Broadcasts, Photography

Franchising

Buying or Starting a Franchise, Franchise Agreements

Intellectual Property in Africa

Smit & Van Wyk Intellectual Property services spans across the entire African continent. Patent, PCT National Phase applications and Trade Mark filings in most African countries, OAPI and ARIPO.

ARIPO and OAPI
Many African countries form part of ARIPO or OAPI allowing for the filing of only one application to obtain protection in multiple territories. These regional systems reduce the administrative burden of those countries and support a better output of the relevant laws.

Popular countries to file in Africa
South Africa, Nigeria, Egypt, Algeria, Morocco, Kenya, Angola, Tanzania, Mauritius, Tunisia, Zambia, Ethiopia, Mozambique, Seychelles.

Recent Articles

Trademarking

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...

Trade Mark Registrations and Information

Trade Mark Registrations and Information Trade Mark registrations provides wide-ranging protection against infringement of your brand. A trade mark is typically a word, name, phrase, logo, symbol, design, image, or a combination of these elements. Trade marks are registered in different classes...

International Comparative Legal Guide to: Franchise 2018

International Comparative Legal Guide to: Franchise 2018 The ICLG series has been published. Read Esmari Jonker's contribution to the International Comparative Legal Guide series: Franchise 2018. Download Pdf Smit & Van Wyk, Inc. South Africa contributed to the International Comparative Legal...

Trade Mark Facts South Africa

Trade Marks Facts South Africa What is a Trade Mark A trade mark is a name, slogan or logo that distinguishes the brand of one entity from another. CIPC administers the register of trade marks in South Africa. The trade mark registration process in South Africa is quite lengthy, which is due to...

Trademark Registration in China

Trademark Registration in ChinaChina is a first to file country and whomever first files a particular trade mark gets the rights. China recognises the goods and services classes from the Nice Classification and allows for multi-class filing. China trade marks are valid for 20 years from the filing...

Franchise Operations Manual

Franchise Operations Manual What Is a Franchise Operations Manual? A franchise operations manual is the primary document that governs the day to day franchise procedures and operational requirements. The manual should be specify in detail the procedures with which franchisees should comply in...

Trade Mark a Color in South Africa

  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, patterns, shapes, configurations, colors or...

Franchising

Franchising: When the franchisor grants licensing rights to a franchisee to use the franchise business system. The franchisor will remain the owner of all intellectual property rights surrounding the business system. Franchiser Agreement A franchise agreement should specify the basis on which the...