National registration is not required to establish trademark rights. "Common law" rights arise from the actual use of a trademark without national registration. Generally, whoever first uses a trademark in commerce has the ultimate right to use that trademark in that way. However, there are many benefits of national trademark registration.
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Your trademark questions answered
The choice between registering a trademark and a copyright is not always a clear one. Trademark and copyright registration are both means of protecting your intellectual property rights. There are, however, important differences between trademark and copyright protection. Copyrights are a form of protection for the authors of "original works of authorship," including literary, dramatic, … Continue reading How do I know if I need trademark or copyright protection?
The CIPC process of amending a registered company, and the changes that accompany the process, can be quite daunting indeed. With the new Companies Act which came into force in May 2008, a number of changes have taken place, including the change of name from CIPRO to CIPC of the body that registers companies and … Continue reading Why you need professional help with CIPC processes
"According to this chart via Reddit, called “The Illusion of Choice,” these corporations create a chain that begins at one of 10 super companies. You’ve heard of the biggest names, but it’s amazing to see what these giants own or influence. Some of these large brands don’t neccesarily own the sub brands, but own a … Continue reading 10 Corporations own almost anything you buy
There are two areas of protection that need to be considered - the company aspect and the trademark aspect. Regarding the company aspect, you will need to know how you intend trading. For example: As a sole proprietor using a trade style; As a registered company; As a registered close corporation. If you do not … Continue reading Starting a business and want to protect your name? Here’s how…
From: Cyberlaw@SA Authors: M Viljoen BLC LLB GM du Plessis BLC LLB G Vivier BEng (Electronics Eng) BCom LLB Unregistered trademarks Our common law recognises the rights that a person acquires as goodwill (which includes, as a component, a reputation)13 or the ability to attract custom, which attaches to a trademark. The principles of unlawful … Continue reading Unregistered trademarks
1. What is trademark infringement? Trademark infringement is the use by another of the same or a similar mark that violates the prior trademark rights of another in the jurisdiction where such use occurs. The legal definition of infringement varies from one jurisdiction to another. The most common standards for infringement are: (a) close similarity … Continue reading Trademark infringement
Co-operatives A very simple definition would be to say it is a business where a group of people get together voluntary to obtain a product or service. From this one can see that the members must do business with the co-operative. For example the co-operative could buy in bulk the inputs the members need to … Continue reading Co-operatives
Deciding on a name for your company should not be taken lightly as the name of your company will essentially be the point of connection between you and a potential customer. If you have a strange name that is in no way relative to your business, people will struggle to remember the name of your … Continue reading Choosing a company name
What does the Counterfeit Goods Act protect? This law in South Africa (from 1 January 1998) introduces measures aimed against trade in counterfeit goods. Such laws already exist in first-world countries, eg the UK. Who is protected? You, the owner of trademarks, copyright works and certain merchandise marks are given more effective ways than … Continue reading Counterfeit goods
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