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.

Unregistered trademarks

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

Some FAQ for trademarks

  Q: Can a company- or close corporation lodge an objection to a proposed trademark if its name is identical or very similar to the trademark? A:Yes. The trademark database is not linked to the company database and a separate search will be done, upon request and at additional cost. Q :How long does a … Continue reading Some FAQ for trademarks

Should I register my new company’s trademark?

Starting up a small business in South Africa can be a costly exercise and there are always additional costs that creep in that one is not always aware of when starting a new company. Apart from the necessary assets one needs to acquire when starting a business, the second most important aspect of your new … Continue reading Should I register my new company’s trademark?

Trademark infringement

Trademark Infringement occurs when one party uses an identical or very similar trademark for identical or similar goods or services to a registered trademark. This will typically include cases where the public is misled by similarities between the trademarks to believe that these belong to the same owner or brand. Infringement may also arise from … Continue reading Trademark infringement