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?
Tag: Trademark
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?
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
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
When deciding on your trademark, please keep the following in mind: Your trademark has to serve the purpose of distinguishing your goods or services from that of another trader. It must be unique and distinctive. New or made up words are generally stronger and easier to register e.g. Coca-Cola Your trademark cannot include specially protected … Continue reading Guidelines when deciding upon a proposed trademark
A smart business is one that not only stands out, but is compliant in respect of legal and industry standards and requirements. In order to operate legally in South Africa your company must be registered with CIPC, or the Companies and Intellectual Property Commission. This is formalized in terms of company name, operational activities, ownership … Continue reading Trademark protection, business registration and CIPC
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