Registered trademarks & common law trademarks in South Africa


This is a great explanation from INNOVUS - http://www.innovus.co.za/pages/english/intellectual-property/trademarks.php TRADEMARKS Introduction Registered trade marks are governed by the South African Trade Marks Act (1) (“the Act”). Unregistered trade marks are protected by the common law, but these rights are harder to prove and do not provide the same degree of protection as a registered trade mark. … Continue reading Registered trademarks & common law trademarks in South Africa

What countries are covered by your trademark protection?


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 your trademark protection?

The benefits of trademark registration


Registering your trade mark gives you the exclusive right to use your mark for the goods and/or services that it covers in the country where you file. If you have a registered trade mark you can put the ® symbol next to it to warn others against using it. However, using this symbol for a … Continue reading The benefits of trademark registration

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?

Building Brands


Naturally, some brands are more well-known than others. One may question what factors make one brand stand out from the crowd and be more popular than others. There are a number of factors that play an integral part in brand awareness, however without an excellent campaign and unique brand concept coupled with effective strategies for … Continue reading Building Brands

Should I register my trademark locally, internationally or both?


It is very wise to register your trademark in the countries where your business is located or where you plan to conduct business. South African trademark registration only covers the Republic of South Africa. Remember, a South African trademark will not provide protection in any of South Africa’s neighbouring states, or any other country, and … Continue reading Should I register my trademark locally, internationally or both?

From the archives: What “things” can we trademark?


When trying to come up with your new brand name or trademark, you will probably start hitting your head against the proverbial wall. It’s not that easy to come up with a catchy, original name and just when you think you’ve nailed it, you find out someone else is using it already. You need not … Continue reading From the archives: What “things” can we trademark?