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RESTORE VS RE-FILE: WHY TRADEMARK RESTORATION PROTECTS YOUR PRIORITY AND BRAND INTEGRITY.
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...
BRAND ARMOUR’S NEW LOOK
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...
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...
CHECK FOR EXISTING TRADE MARK CONFLICTS AND THEREAFTER PROMPTLY REGISTER YOUR MARK
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...
SOURCES FOR COINED TRADEMARKS
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...
CONSIDERATIONS IN SELECTING A NEW SPECIAL PRODUCT TRADE MARK
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...
HOW DOES A TRADE MARK FUNCTION?
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...
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...
Blog, Trade Marks Registration, Trademarks Registration
VIDEO’S
Frequently Asked Trademark Questions
FAQ
Do I need to register my brand as a trademark in order to get proper protection?
Yes, definitely. Registration of your brand as a trademark secures legal ownership and prevents others from using it. It also prevents others from registering the brand and compelling you to stop using it.
Because registration works on a “first-come, first-served” basis, it is important that you take prompt steps to secure registration before others do.
I have registered my business name as a domain name. Do I need to register it as a trademark as well?
Yes, most definitely. A 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 from using your own domain name and company name and can even compel you to transfer the names to them.
Where do I need to register my trademarks?
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 from 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 Union (EU). Subject to cost considerations, you should consider protecting your brands in the countries in which you do, or intend to do, business.
What can I register as a trademark?
Any brand can be registered as a trademark for a product or service if it complies with the legal requirements. Slogans, straplines, bylines, logos, designs, and even shapes can be registered as trademarks.
Is any name protectable as a trademark?
No. Trademark legislation lays down technical and specific criteria that registries apply when deciding whether to register a name or brand. Names that are too descriptive or not capable of distinguishing your business from others may not be registered. Geographical names are also difficult to register. If your name is already registered by someone else, you will not be able to register it for the same kind of business.
Can I sell my registered trademark?
Yes. A trademark is similar to any other property that may be bought and sold. It may become very valuable, and you may sell it if you wish. We can advise you on the legal requirements.
If I have registered my name for one kind of product or service, can someone else register it for a different kind of product or service?
Yes, in principle. This is why trademark registrations should be taken out in as many different classes as necessary to cover all products and services you provide or intend to provide.
How long does a South African trademark registration last?
It lasts 10 years and can be renewed indefinitely for further periods of 10 years each.
How long will a South African trademark registration take to process?
About 24 months, depending on various factors. It may take longer if there are objections from the Registry or from third parties. Importantly, protection is back-dated to the date of filing. This means that 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 damages.
Once I have a registration, can I add other goods or services at a later date if my business expands?
No. We need to know at the outset the likely future scope of your business so we can ensure your registration adequately covers any additional goods or services. It is not possible to extend an existing registration; a new application will be required to cover extra goods or services.