Benefits of Trademark Registration
What Trademark Registration Can Do for Your Brand
Registration of your brand as a trademark secures legal ownership and prevents others from using your brand. Registration also prevents others from registering the brand as their own, and forcing you to stop using it, to your detriment.
Trademarks are registered for an initial period of 10 years, and can be renewed every 10 years thereafter in perpetuity.
Examples of Trademarks Include
Brand Name
Coca Cola, Aquafresh.
A Slogan
“Everything keeps going right, Toyota”.
A Device
The Nike tick, or the Mcdonald’s “Golden Arches”.
A Logo
Two or more of the above combined, eg: the Mcdonald’s “Golden Arches” with the word “Mcdonald’s”.
Specific Shape
Coca Cola bottle or Weber kettle braai.
Thus a brand name is a word or combination of words (e.g. Kentucky Fried Chicken). A slogan is a short phrase or a sentence, a device is a distinctive picture or symbol and a Logo is a combination of two or more of the above, usually in comination with artwork. They all provide a distinctive identity in the marketplace, and can be used in respect of products and/or services. Trademarks are the commercial assets to which the goodwill of your business – and hence also its cash flows – attach and as such are highly valuable. When you sell your business, the trademarks assure the purchaser that the cash flows of the business will continue and thus result in a significantly higher sale price.
When a trademark (brand name, device, slogan or logo) has been registered, nobody else can legally use this trade mark, or one that is similar, without your consent as owner of that trademark.
Trademark Examples
Brand or Business Name
- This is a word, for example: NIKE, or a combination of words, for example: KENTUCKY FRIED CHICKEN.
A Slogan
- This is a type of trade mark and is a short phrase or sentence. For example, HOW CAN WE HELP YOU? of First National Bank.
- A slogan can capture the brand’s promise or essence in just a few words.
- Although you are highly unlikely to ever ask for a product by its slogan, you may make certain assumptions when you see it in use.
A Device
- This is a distinctive picture or symbol, for example the Mercedes-Benz “Star”, or the Nike swoosh “v”, or the MacDonalds “M”.
- It is your company logo or other symbol or design used to create brand recognition.
A Logo
- This is a distinctive picture or symbol, for example the Mercedes-Benz “Star”, or the Nike swoosh “v”, or the MacDonalds “M”.
- It is your company logo or other symbol or design used to create brand recognition.
A Specific Shape
- The Coca Cola bottle or the Weber Kettle Braai.
- South African companies wishing to protect product shape should certainly consider trade mark registration as an option.