Brand name vs generic name

When deciding upon a brand strategy or trademark, be careful not to choose a name that is too generic - the registrar will ask you to acknowledge the fact that your proposed mark is common and this will weaken your trademark.Naming an invention involves developing at least two names. One name is the generic name. … Continue reading Brand name vs generic name

Trademark maintenance

After registering your name, it is vital to upkeep the value of your company or product name. This involves using your trade name throughout your company on websites, brochures, and invoices. Don't forget to use the "®" symbol after you have approved registration from CIPC. If you haven't registered your trademark, you can use the … Continue reading Trademark maintenance

Formalising your business: Company name registration

The first step when registering a company in South Africa is applying with the Companies and Intellectual Property Commission – CIPC. However, before you can proceed with the company registration, you need to cater for yourcompany name registration. Essentially, your company will exist as a separate legal entity, with its own name, authorised to conduct … Continue reading Formalising your business: Company name registration

CIPC processes you should know about

The Companies and Intellectual Property Commission – CIPC – is responsible for a number of processes which govern companies’ existence and operations. From registration of companies and intellectual property rights such as patents, designs and copyright; disclosure of information on its business registers to enforcement of relevant legislation –CIPC’S processes and functions are crucial for the continued … Continue reading CIPC processes you should know about

How long does a trademark registration last?

Registrations granted have a 10-year term. Trademarks can be renewed for additional 10-year terms. There is no limit to the number of times a trademark can be renewed, as long as use of the mark by its owner continues.

What are “common law” trademark rights?

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.