Yes, definitely. Registration of your brand as a trademark secures legal ownership and prevents others from using the brand. It also prevents others from registering the brand and compelling you to cease using it.
Because registration comes on a “first come, first served” basis, it is important that you take prompt steps to secure registration before others do.
Yes, most definitely. The domain name will not stop a competitor from using the name as a brand or business name. In fact, if someone else registers your brand or business name as a trademark before you do, they can stop you using your own domain name and company name and make you transfer the names to them.
Yes. Registration of your company name at the Companies Registry prevents someone registering another company with the same company name, BUT it will not prevent your competitors using it as their own brand or business name. Only a trademark registration will prevent this.
Registration of your trademark(s) should take place in the countries in which you require protection.
For example, a South African trademark registration is necessary if you are conducting business in South Africa. If you want to prevent someone else using your name in the USA, registration should take place in the USA. An EU Community Trademark registration will trigger the registration process in each member country of the European Community, (EU).
Subject to cost considerations, you should look at protecting your brands in the countries in which you do, or propose doing, business in.
Any brand can be registered as a trademark for a product or service if it complies with the legal requirements. Slogans, strap-lines, bylines, logos, designs and even shapes can be registered as trademarks.
No. Trademarks legislation lays down very technical and specific criteria which the various registries apply when deciding whether to register any given name or brand. Names which are too descriptive or which are not capable of distinguishing your business from other similar businesses may not be registered. Geographical names are also difficult to register. Obviously, if your name is already registered by someone else, you will not be able to register it for the same kind of business.
Yes, in principle. This is why trademark registrations should be taken out in as many different classes as are necessary to cover all products and services you provide or intend to provide.
It lasts 10 years and can be renewed indefinitely for further periods of 10 years each.
About 24 months, depending on various factors. Sometimes it can be longer if there are objections from the Registry or from 3rd parties to be overcome. Importantly, protection is back-dated to the date of applying for registration. So, anyone who has been using your name illegally since that date will have been infringing your legal rights and may be liable to you for legal damages.
Our fully inclusive charges cover all Government Duty and Registry Fees and other costs of processing your application. No refund will be made in the event that registration is declined.
Yes. A trademark is similar to any other property which may be bought and sold. It may become very valuable indeed and you may sell it if you want. We can advise you on the legal requirements.
No. We need to know at the outset of the likely future scope of your business so that we can make sure your registration will adequately cover such extra goods or services. It is not possible to extend a registration. A further registration will be required to cover such extra goods or services.
Our fully inclusive charge for registration your trademark includes classification of goods and/or services, preparation of appropriate specifications of goods and/or services in the classes of relevance, all lodging and government charges, all routine registration processing services, all advertisement fees and expenses and all expenses relating to the issuance of the Certificates of Registration.
It does not include costs of dealing with any opposition proceedings which might arise from the relevant registry or 3rd Parties. If any such opposition proceedings arise, we will advise you and you may at that stage decide whether or not you are prepared to incur any costs in overcoming the opposition.
Whatever your trademark question or concern, please contact us and we will be pleased to provide you with some free legal advice.