Why DIY trademarking fails

Economic times are tough and the DIY culture is thriving...which is great for the entrepreneurial ethos, but potentially not so good for the successful protection of your trademark. Take the case of the following DIYers: In 2016 Mr A starts manufacturing clothing and wants to protect his trademark BLACK PEARL. He conducts his own search … Continue reading Why DIY trademarking fails

What ‘Things’ Can We Trademark?

When trying to come up with your new brand name or trademark, you will probably start hitting your head against the proverbial wall. It’s not that easy to come up with a catchy, original name and just when you think you’ve nailed it, you find out someone else is using it already. You need not … Continue reading What ‘Things’ Can We Trademark?

Strong trademarks vs weak trademarks

Author: John A. Leonard Registration does not guarantee protection. Some marks are deemed “strong” while others are deemed “weak”. Strong marks are afforded the greatest protection. As a general rule, arbitrary and fanciful or suggestive marks are considered strong. Descriptive, geographic and personal name marks are considered weak. “Generic” marks are afforded no protection. Generic … Continue reading Strong trademarks vs weak trademarks

What is trademark dilution?

Courtesy: http://www.inta.org/TrademarkBasics/FactSheets/Pages/TrademarkDilution.aspx Trademark dilution is the weakening of a famous mark’s ability to identify and distinguish goods or services, regardless of competition in the marketplace or the likelihood of confusion. Dilution typically occurs as the result of blurring or tarnishment of the famous mark. It is similar to the concept of passing off, which involves misrepresenting … Continue reading What is trademark dilution?

Registered trademarks & common law trademarks in South Africa

This is a great explanation from INNOVUS - http://www.innovus.co.za/pages/english/intellectual-property/trademarks.php TRADEMARKS Introduction Registered trade marks are governed by the South African Trade Marks Act (1) (“the Act”). Unregistered trade marks are protected by the common law, but these rights are harder to prove and do not provide the same degree of protection as a registered trade mark. … Continue reading Registered trademarks & common law trademarks in South Africa

What countries are covered by your trademark protection?

A trademark registration is only effective in the country in which you file the trademark. Regional protection can be applied for under the terms of the CTM (Community Trademark) system, to cover the countries of the European Union and under the Madrid Protocol to cover a series of countries across the world. South Africa intends … Continue reading What countries are covered by your trademark protection?

The benefits of trademark registration

Registering your trade mark gives you the exclusive right to use your mark for the goods and/or services that it covers in the country where you file. If you have a registered trade mark you can put the ® symbol next to it to warn others against using it. However, using this symbol for a … Continue reading The benefits of trademark registration