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Prior to officially registering a trademark, it is advisable to conduct a pre-filing search on the South African Trademarks register.
This step ensures a thorough check for the availability of the intended mark and verifies the absence of identical or similar third-party marks already recorded in the Trademarks register. Such diligence is essential to mitigate any potential threats that could hinder the successful registration of the trademark.
The registration process for South African trademarks begins with the submission of a trademark application in the relevant class. Following this, the filed application undergoes scrutiny to ensure compliance with formal requirements and to identify potential conflicts with existing marks.
Upon acceptance, the Registrar issues a notice of acceptance, and the trademark application is published in the Patent Journal. The application remains open to opposition for a 3-month period. If there is no opposition, the Registrar proceeds to issue the registration certificate, completing the trademark registration process.
Trademark protection is inherently territorial, requiring filings in each specific country where safeguarding is desired. Our comprehensive Intellectual Property Services cover the African continent and various international jurisdictions. This is facilitated seamlessly through our established network of global agents.
Our firm is well-equipped to facilitate recordals of diverse changes on the South African Trade Marks Register.
An assignment involves transferring intellectual property rights from one entity to another. To validate this transfer with respect to third parties, the assignment must be officially recorded on the Trade Mark Register. Our expertise lies in not only preparing the necessary documentation but also in overseeing the proper recordal of assignments at the Trade Marks Office.
A trademark has the potential for indefinite renewal, with each renewal extending its validity for successive 10-year periods, contingent upon the payment of the prescribed renewal fees. The lifespan of the trademark can be sustained indefinitely as long as it is actively used and undergoes renewal every decade.
Our firm employs the highly acclaimed intellectual property rights management software, LAW FIRM PRACTICE, to efficiently oversee and administer numerous clients' portfolios on both local and international scales. This capability allows us to accommodate a substantially increased number of both local and foreign agency portfolios.
Our firm is well-equipped to provide support in matters related to trademark infringement, unlawful competition, passing-off, and proceedings for the cancellation (expungement) of trademarks.