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www.swiftreg.co.za/swiftreg/P...
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And now for the video script... :)
A trademark gives your brand name or logo legal protection from any competitor who copies it. In this video I am going to explain the basics, show you how to register your own trademark and share two important tips.
In South Africa all Trademarks need to be registered with CIPC. For International Trademark protection I would suggest consulting with a Trademark Attorney as this process can be complex and expensive as different countries have varying legal requirements.
So how does the protection work?
In terms of the law, a trademark infringement happens when there is a likelihood of confusion between your trademark and your competitors who have copied or are imitating your brand. The competitor will be ordered to stop confusing and misleading the public and may be liable to pay damages to you. Trademarks therefore effectively ensure that a brand is easily identifiable and distinguishable from others. In doing so it also protects the consumer by ensuring that they purchase the product they intended to and not a competitor by mistake.
The most common types of trademarks are word marks and logo’s. I like the KFC example as it has a both a word mark and a logo. KFC is the word mark and the bucket is the logo (See logo) you can also have a combination of the two, (See Combo) Keep in mind that each type of trademarks is a separate application. There are other types of more non-traditional trademarks such as shapes or colours but for these I would recommend you get some assistance.
You should be aware that there are certain things you can’t trademark, such as the national flag or national symbols such as Table Mountain. Its also a good idea to avoid common expressions such as 24hours, cheese or server. CIPC is also unlikely to approve a wordmark using superlatives such as words such as biggest, best or fastest.
So how do you register a trademark?
We offer two methods of registering trademarks. There is a cost effective DIY option where you lodge the trademark directly on our website using our easy to use system which will prompt you along the way. The second option is Lawyer assisted option where we have partnered with a one of South Africa’s leading firm of Trademark Attorneys who will assist you.. They will do a thorough availability search and will advise you on the correct class selection as well as write appropriate descriptions for the trademark. Your trademark will have a better chance of success with the second option.
Let me explain the class selection. All Trademarks need to be classified into one or more classes. There are forty-five (45) broad categories of goods and services. When filing a trademark application, it is essential to identify which class or classes of goods or services you wish to cover. For example Class 25 includes most types of clothing, footwear, and headgear. This means that your trademark will be only be protected in that class. Each class is seen as a separate application and therefore has a separate filing fee.
So how does the process work?
Once you have submitted all of your information and paid the fees due, we will lodge the trademark with CIPC, which usually takes about 5 working days for them to issue a receipt with the filing number and date. At this point you may use the abbreviation TM on all your products to show that a trademark registration is in process. The actual assessment by CIPC of the application may take up tp 12 months time, no I’m not joking, this is due to their massive backlog.
However, it is important to note that the protection starts from the initial filing date. Only once the trade mark is registered, may you use the symbol ®. If the Trademark is approved after a year it is then advertised in the Government gazette for 3 months, after which a registration certificate will be sent to the you via email. The entire process could take up to 18 months.
Your trademark will now last you for 10 years before you will need to renew it. It is now an asset which you can sell.
Finally, I must just clear up some confusion between Trademarks, Copyright and Patents. All three offer intellectual property protection, but copyright is for creative works such as music, books or songs while patents are to protect inventions.
I would like to end of by offering two helpful tips which will go along way to ensure your trademark is successful.
1. Be as creative and original as possible
2. Be distinctive: you can’t just describe the trademark in a generic manner
6 июл 2024
