It's Funky Friday, everyone! Here's an example of 'too much sharing is not caring'. Yes, smile now, happy umbrella couple, but what happens when you need to go in different directions? I cannot see this ending well.
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
Why legalise documents and what does it really mean? When documents, issued within South Africa, are going to be used outside of South Africa, they usually need to be legalised. Different procedures are followed, depending on the type of document that is being legalised. Legalising documents means that official (public) documents are affixed, sealed and … Continue reading Legalisation of documents
CLASS AND CLASSIFICATION Products ("goods") and services are organised by CIPC according to specific categories, or "classes." If you wish to use a trademark to cover more than a single product or service, and those products or services fall into more than a single class (for example, motorcycles and clothing) additional fees are required for … Continue reading What are class and classifications in trademarks?
Yes. All trademarks can be sold or assigned. The "goodwill" of any business associated with that trademark must be included in any such transfer. Even trademarks that are unregistered or are the subject of pending applications can be sold or assigned. Written assignments of registered trademarks are recommended, and may be recorded with CIPC for … Continue reading Can the ownership of a trademark be assigned or transferred from one person or entity to another?
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.
It is hard to predict how long it will take for an application to mature into a registration since many factors can affect the process. Generally, an applicant will receive a filing receipt from CIPC almost instantly after filing. However, the total application processing time may be anywhere from 18 months to 3 years, or … Continue reading How long does it take for a trademark to be registered?
Many people assume they can protect their trademark simply by using the mark in commerce. It is true that you are not required to register a trademark to achieve some level of protection and that one establishes common law rights simply by using a mark in commerce. However, having a nationally registered trademark on the … Continue reading What are the benefits of a registered trademark?
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.
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?