Trademark Infringement – what to do?


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 Trademark Infringement – what to do?

How to Select a Good Trademark


Found on the web: http://sbinfocanada.about.com/od/trademarks/a/trademarkeb.htm Your trademark is the most important asset your business will ever own. A good trademark will distinguish you from the competition and help you stand out in a crowd. A poor trademark will entangle you in legal disputes and blunt your marketing efforts. Selecting a good trademark is as simple as … Continue reading How to Select a Good Trademark

Top mistakes made when you do DIY filing of a trademark


Failure to search first. Without first doing a comprehensive search, you do not know whether someone may already be using a similar name for a similar product or service, or whether there is a pending application or registration that could block your application. Not including the proper logo or wording as the “drawing.” The wording … Continue reading Top mistakes made when you do DIY filing of a trademark

Intellectual Property enforcement


From CIPC:   Intellectual property (IP) enforcement When a right holder discovers that his intellectual property (IP) rights have been infringed, or are about to be infringed, the focus of his attention shifts. He may have previously concentrated on how to obtain and make use of his respective rights, but now his attention will concentrate … Continue reading Intellectual Property enforcement

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

What are the benefits of a registered trademark?


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 federally registered trademark on the … Continue reading What are the benefits of a registered trademark?

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.

Trademark infringement


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