Retention of Original Filing and Priority Date When a trademark is restored, it keeps its original filing and registration dates, meaning the owner’s rights are deemed to have continued uninterrupted. This is critical because trademark rights are largely based on priority — “first come, first served.” Restoration therefore protects the owner against intervening filings by […]
Author Archives: JakeNetAge
At Brand Armour®, we take our business seriously, and that includes how we present ourselves. You may have noticed our new logo making its debut over the past week or two in our email signature boxes. Here it is: This new design is the brainchild of our very own Minné Breydenbach! Watch this space, our […]
Why Registering a Trademark Matters, and How to Do It in South Africa In a competitive business landscape, standing out is essential, and that’s where trademarks come in. A registered trademark gives your brand legal recognition and protection, helping you secure the exclusive right to use your name, logo, or slogan in connection with your […]
AVAILABILITY SEARCHES FOR EXISTING TRADE MARK CONFLICTS Prior to making your final selection of a new trademark, you must determine if anyone else is using the same, or a confusingly similar, trademark on either the same type or product or a related product. The usual way this is done is to consult a trade […]
SOURCES FOR COINED TRADEMARKS So much has been written on the coinage of trademarks like Exxon and Kodak that the subject has been reduced to something approximating an exact science. Name-finder wheels give you all the possible alphabetical combinations of any desired length, three letters and up. But computers today provide much greater depth and […]
Let us assume that none of your existing trademarks will serve your purpose. There are roughly three types of trademarks to choose from: meaningless, suggestive, descriptive. Meaningless Trade Marks These are arbitrary mark which, initially at least, connote nothing about the product of its use. Known as “strong” trademarks, they are the […]
Before starting out in search of a trademark, be sure that you know how a trademark functions. In very simple terms: A trademark is a symbol used by a manufacturer or merchant to identify his goods and distinguish them from those of his competitors. If the symbol identifies and distinguishes, it is said […]
CHOOSING THE RIGHT TRADEMARK Introduction As anyone who has had a hand in creating a trademark knows, you must have a clear understanding of what you want your trademark to do. Time spent at the outset in analyzing your business, your product, and your market will pay off later on. Is your product a […]
Before the age of consumerism, Othello would say “he that filches from me my good name robs me of that which does not enrich him, and makes me poor indeed”. This changed when trademarks also became selling tools and enrichment from filching goodwill by appropriating such trademarks became part of the commercial arena. A […]
Trade mark dilution is when a new brand name or sign is quite similar to an already existing and well known registered trade mark. Customers might be deceived, thinking they are getting similar services or products as from the original business, and the new company ‘free rides’ on the popularity and marketing of the established […]