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
Tag: Companies
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
Once a product design has been completed, it is likely that you, the designer, will have to enter into one or more agreements with others in regard to the further exploitation or commercialisation of your design. Although a written contract is not always compulsory, it is always advisable to reduce the terms and provisions of … Continue reading Registered users and other agreements
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
What does copyright protect? (Courtesy SABS) The following works, if they are original, qualify for copyright: Literary works, musical works, artistic works, cinematograph films, sound recordings, broadcasts, programme-carrying signals, published editions and computer programs. The category of copyright works most relevant for product design will be artistic works. 'Artistic work' is defined to include drawings … Continue reading What does copyright protect?
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 trademark protection?
There are some marks that you just cannot register in South Africa. When deciding on your proposed trademark, please keep in mind that the following exceptions will apply in terms of Section 10 of The Trade Marks Act: Section Provision 10(1) a mark which does not constitute a trade mark 10(2) a mark which is … Continue reading Marks excluded from being registered as a trademark
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