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TRADEMARK

Disclaimer:

The information is, by its nature, brief and is not meant as a substitute for detailed legal advice. Further information can be provided upon request.


Services we Provide:
• Trademark searches and opinions, establish conflict and resolve.
• Filing Trade Mark applications nationally.

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INFORMATION

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The word “trademark” can refer to both trademarks and service marks. A trademark is used for goods, while a service mark
is used for services.

A trademark (TM) protects a slogan, phrase, word, company name, logo, or design that identifies a company and/or its goods. A logo is a symbol or design used by a company that may fall under trademark protection laws. Many businesses choose to apply for trademark protection on their logos.

A servicemark (SM) is a brand name or logo that identifies a business. Service marks can consist of words, phrases, symbols, designs, or some combination of these elements, which are all a form of intellectual property. Service marks identify a brand and the quality associated with it.

LEGISLATION

Trade Marks Act (Act 194 of 1993), as amended.

‘This Act provides for the registration of trademarks, certification trademarks, and collective trademarks. The duration of registration is 10 years, renewable indefinitely. It renders dilution unlawful. Further, it has specific provisions for the protection of well-known foreign trademarks.

A Trademark is a unique mark that distinguishes your goods or services from others. Trademarks are register-able in terms of the South African Trademarks Act No 194 and are subject to certain requirements. If you are in the process of building a reputation for your brand competitors may try to imitate your product.

(Relatively Rare)
A Certification Trademark on a commercial product indicates the existence of an accepted product standard or regulation and a claim that the manufacturer has verified compliance with those standards or regulations.

(Relatively Rare)
A Collective Trademark, collective trademark, or collective mark is a trademark owned by an organization, used by its members to identify themselves with a level of quality or accuracy, geographical origin, or other characteristics set by the organization.

NOTICE

A Registered Trademark is valid for 10 (Ten) Years.
A registered trademark can be protected forever, provided you renew the registration every ten years thereafter.

The four summary steps to registration;
1. Business name search (C.I.P.C.);
2. Preparing the registration application and all relevant documentation;
3. Payment and Submitting the registration application; and
4. Respond to the USPTO examiner’s compulsory forms and regulations.

Trademarks and Service Marks are used to protect business names, logos, and slogans.