Smit & Van Wyk, Inc. is a well established intellectual property law firm in South Africa. We offer assistance regarding trade mark, ARIPO and OAPI applications. For trade mark applications, we require a copy of the mark intended for registration as well as a signed power of attorney. We will guide you through the application process and assist with meeting the requirements.

We conduct trade mark searches at the South African Trade Mark Office and various foreign trade mark offices. The searches entail establishing whether there are already similar marks registered, in use or applied for. In addition we help assess whether the mark will meet the registration requirements.

In this sense we will determine whether it uniquely distinguishes your goods and services for which you register it for, and in the particular international classification class. We will also look at the strength of the mark and provide guidance. As part of our services, we ensure that the application forms are completed in the correct manner and that the payment of fees takes place at the stipulated times. In addition we also handle renewals, payments of annual maintenance fees, oppositions to trade mark registrations, and setting up of license agreements.

In South Africa, trade marks can also be assigned when for instance, selling a business with or without goodwill. As such you will appreciate our expertise in wording the agreements for such and providing you legal advice in the matter. It should be noted that trade mark applications in foreign countries can be complex. We will advice you regarding the steps and documents required, in addition to doing the searches and application through the foreign trade mark offices on your behalf.