international trademark

International Trademark in South Africa: What You Need to Know

In-house, we have the qualifications, the skills, the expertise to facilitate your trademark filings and renewals in South Africa

1 Comment

Mar 18, 2021

The fine print

Terms of Use
Privacy Policy
Disclaimer

Facebook Linkedin-in Youtube

Home
Intellectual Property
Commercial
Legal Templates
Blog
About
Contact

Consultation Request

Newsletter

Association

When your Trade Mark to be registered is confusingly similar to another one of your already registered, or in application, Trade Marks, the Registrar may require that the Trade Marks be entered in the register as “associated Trade Marks”. This means the associated Trade Marks are “linked” together and belong to a single entity.

Disclaimer

If your Trade Mark to be registered contains a word or element which is too common and cannot distinguish your product or service from another’s, the registrar may require you to disclaim any right to the exclusive use of this word or element. Example: The Registrar might require us to disclaim the right to exclusive use of the word “BRAAI” which is an element of the Trade Mark “IP BRAAI”. We would still have the right of exclusive use of the Trade Mark “IP BRAAI” as a whole.

Prosecution

If your Trade Mark application has been provisionally refused, and we believe there is a case to be made, you may decide to apply for a hearing to prosecute.

Extension

If you applied for a hearing to prosecute, you may apply for an extension of the hearing date (3 months at a time) if required.

Litigation

If you Trade Mark application received opposition from a 3rd party, and we believe there is a case to be made, you may decide to litigate against the opposition.

Added Benefits

IP Braai subscriber exclusive access to:

Subscriber only content
Discounted legal templates
The private IP Braai Facebook group

Admission

If you Trade Mark to be registered contains a misspelling of a word, the Registrar may require an admission of the correct spelling of the word. Example: If the Trade Mark includes the words “Kwik”, “Quik”, or “Kwick”, it might be required to admit that the word in fact has the meaning “quick”.

Applicant Information and Documentation

The following is required for Patent and Registered Design applications:

Your personal or entity details
Copy of your ID or entity registration
Proof of address
Billing details
Power of attorney

Design Information

Please provide the following under strict Attorney-Client privilege (absolute confidentiality)

Detailed technical description of your Design
Indicate which aspect(s) you believe to be new and original
Visual representation such as:
- Line drawings
- Photos
- Video clip

Invention Information

Please provide the following under strict Attorney-Client privilege (absolute confidentiality)

Detailed technical description of your invention
Indicate which aspect(s) you believe to be novel
Visual representation such as:
- Line drawings
- Photos
- Video clip

Consultation Request

Apply: Patent Filing

Apply: Registered Design Filing