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Intellectual Property

South Africa

Trademark Domain Names

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Does South Africa 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

Trademarks 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 Trademark 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.

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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