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.

Additional requirements for CC membership changes


From CIPC: Kindly note that in addition to the requirements published in Guidance note 4 of 2012, an additional requirement is being introduced as part of improving controls relating to change of membership. The introduction of this requirement is also a way of improving the quality of CIPC’s data and protecting corporate information at our … Continue reading Additional requirements for CC membership changes

Trademark protection, business registration and CIPC


A smart business is one that not only stands out, but is compliant in respect of legal and industry standards and requirements. In order to operate legally in South Africa your company must be registered with CIPC, or the Companies and Intellectual Property Commission. This is formalized in terms of company name, operational activities, ownership … Continue reading Trademark protection, business registration and CIPC