September 23, 2011
Trade Mark News and Interesting Facts
Trademark
Any mark that is used in trade to distinguish your goods or services from the goods and services of others as long as it can be represented graphically, may be registered as a trademark.
Examples of trademarks include: words / names / company names / product names / logos / slogans / letters / container shapes / numerals / packaging / signatures.
Domain Name
Your rights in a registered trademark, may also give you rights to the corresponding domain name.
If your business is called e.g. MyStartUp you might decide to have a website to start marketing your business online. You decide to register a co.za domain name because you only trade in South Africa. Your first choice of domain name is www.MyStartUp.co.za.
If the domain name is NOT available and registered to someone else, what are your options?
(provided your name is a registered trademark or that you have substantial common law rights)
- Your trademark attorney could send the registrant at Uniform SA a letter of demand indicating your prior rights to the domain name.
- A settlement could be reached and the domain name could be transferred to you.
- If no settlement is reached, the issue can be referred to compulsory alternative dispute resolution, which is much is a much less costly or lengthy process than court litigation.
- If the adjudicator decides that your claim succeeds, the domain name will be transferred to you.
Register a Trademark – 5 Easy Steps!
Step 1
Contact the trademark attorneys at Smit & Van Wyk, Inc. regarding your intended name trademark at enquiries@svw.co.za, or complete the form below.
This is not an official booking, just a contact request.
Any information or images supplied will be protected under the attorney-client privilege with strict confidentiality, whether you decide to continue with the application or not.
Step 2
Our experienced trademark attorneys will contact you regarding your intended trademark.
Step 3
You supply our trademark attorneys with the following information and documentation:
- Applicant: full names and nationality.
- Trade mark: Name
- Classes of interest: please describe the goods and/or services for which the trade mark is to be protected.
- Physical and postal address of the applicant.
- Entity to be invoiced and VAT registration number (if applicable).
Step 4
A possible trademark search will be conducted to find similar or identical trademark names. It is not compulsory for a search to be conducted in order to file a trademark application. However, a search is highly recommended for the following reasons:
- The registration process can take up to three years to be completed. Rather be safe than sorry.
- You could be infringing on another person’s trademark.
The costs of conducting a full trade mark availability search in respect of one trademark in any number of classes, inclusive of all fees, official expenses and VAT is:
- Word mark – R2508.00 per mark
- Logo – R2850.00 per mark
Step 5
Our trademark attorneys will contact you regarding the outcome of the trademark search. We then assess the outcome of the search and will advise you whether to continue with the application or not.
Trademark application cost:
The total costs of a trade mark application from filing up to registration (where no opposition is filed) is between R3500.00 and R4500.00 (VAT inclusive) per application, depending on the Registrar’s requirements.
The initial costs of preparing and filing a trade mark application, inclusive of all fees, official expenses and VAT is:
- First Application – R2813.00
- Second onwards application – R2585.00 per application
Feel free to contact us should you have any questions or require assistance with any trade mark related matter.
PLEASE NOTE THAT PRICES ARE SUBJECT TO CHANGE WITHOUT PRIOR NOTICE. PRICES ARE ONLY AN INDICATION. PLEASE CONTACT OUR OFFICE FOR A FORMAL QUOTATION.
Contact Details for Smit & Van Wyk:
Tel:
+27 (0) 12 349 7800
Fax:
+27 (0) 86 619 0493
E-mail:
enquiries@svw.co.za
Physical Address / Courier
Block A Apex Corporate Park
Quintin Brand Street
Persequor Technopark
Meiring Naudé Avenue
Pretoria
0184
South Africa
Image source: www.freedigitalphotos.net
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