Registering you company DOES NOT sufficiently protect your trade name!
I often get told by my clients – yes my name is protected because I registered a company!
This is a standard response to the simple question – do you think your brand/trade mark is sufficiently protected?
A trade mark is a brand name, a slogan or a logo which may be protected in terms of the Trade Marks Act No. 94 of 1993.
Yes, it is possible to “protect” a brand name etc, by means of common law. In said instance, sufficient goodwill must be associated with the particular mark to be capable of protection in terms of common law rights. Suffice to state that it is much more difficult for a proprietor of a mark to enforce his rights in terms of common law, than the protection offered by the Trade Marks Act.
You simply have to register your mark, logo or slogan to enjoy the most beneficial protection available to a proprietor of said mark, logo or slogan.
Contact us for more information in this regard and we shall guide you sufficiently protecting your brand, slogan or logo.
Leave A Comment