TRADEMARK IMPORTANCE

In our world, there are terms that get thrown around quite often and are used by many. Some of these terms although simple to understand can be quite eluding.

?One such term is the word ‘Trademark’ in the article below we take a look at what trademarks are, why they aren’t meant to be used without the owner’s consent and how you can find a whole array of content that is legal to use.

A trademark is a brand name, a slogan or a logo. It identifies the services or goods of one person and distinguishes them from the goods and services of another. Here are a few examples.

Thus a brand name is a word or combination of words (e.g. Kentucky Fried Chicken). A slogan is a short phrase or a sentence, and a logo is a distinctive picture or symbol. They provide a distinctive identity in the marketplace and can apply to both products and services.

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When a trademark (brand name, slogan or logo) has been registered, nobody else can use this trademark or one that is confusingly similar. If this happens, legal action may result.

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A trademark can only be protected as such and defended under the Trade Marks Act, 1993 (Act 194 of 1993) if it is registered. Unregistered trademarks may be defended in terms of common law. The registration procedure results in a registration certificate that has legal status, allowing the owner of the registered trademark the exclusive right to use that mark.

CIPC administers the Register of Trade Marks which is the record of all the trademarks that have been formally applied for and registered in the Republic of South Africa.

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A registered trademark can be protected forever, provided it is renewed every ten 10 years upon payment of the prescribed renewal fee.

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Some words however cannot be used as trademarks due to them being used every day by other traders, the general public and as a noun for specific goods. These words are like “Cheese, 24 Hours and Server” for example.