Branding

Is Your Trade Mark Portfolio Keeping Up With Your Business?

“We registered our trade mark years ago. We’re covered.” Are you? It’s a question every business owner should ask. Many businesses view trade mark registration as a once-off exercise. The application is filed, the registration certificate arrives, and the brand is considered protected. But businesses evolve, and trade mark portfolios should evolve with them. A […]

BrandingIntellectual PropertyTrade MarksUdi Pillay

Chat Chat Chatterbot – Shall We Register Your Name?

So, you have birthed a chatbot and given it a name, what now? Should you register the name of the chatbot as a trade mark? The answer is a simple one, yes. If the chatbots are customer-facing, particularly where the names are being promoted as identifiable brand assets, then you should consider registering the name […]

Alissa Naran (née Nayanah)BrandingIntellectual PropertyTrade Marks

Tacos, trade marks and the CHINGADA’S question: The curious case of a Cape Town restaurant name

I went to Chingada’s in Cape Town this week for Taco Tuesday. It is a striking restaurant: colourful, theatrical and deliberately Mexican in its presentation. As tends to happen when one encounters an unfamiliar foreign word above a restaurant, I wondered what Chingadas actually means, which sent me down a rather more interesting rabbit hole. […]

Bontle MonnyaBrandingIntellectual PropertyTrade Marks

Trade Mark Registration: The Finish Line Is Worth the Wait

Starting a business is exciting. Whether you are opening a restaurant, launching a clothing label, developing an app or offering professional services, the goal is usually the same: to build something valuable and profitable. In our previous article, we discussed why it is important to conduct a trade mark availability search before investing in a […]

BrandingIntellectual PropertyTrade MarksUdi Pillay

The Trade Mark That Refused to Die: Deadwood or Zombie?

The Case of Altron Ltd v Tracker (Pty) Ltd Pretoria High Court, 2026 A trade mark unused for almost ten years might ordinarily be destined for removal. Yet in Altron v Tracker, residual reputation helped keep the registrations alive, highlighting the role of standing and judicial discretion in non-use proceedings and raising a difficult question […]

Amina SulimanBrandingIntellectual PropertyTrade Marks

The Growing Push for AI Transparency: What South African Businesses Should Know

Artificial intelligence has moved beyond the hype and is now delivering real business value, as companies across the world use it to generate marketing material, social media content, product images, videos and customer communications. As synthetic content becomes indistinguishable from authentic content, ordinary people lose the ability to make informed judgements about what they’re seeing, […]

Advertising LawBrandingIntellectual PropertyMelissa MorrisMohamed Jameel Hamid​Regulatory LawTrade Marks

Your Brand Is Your Business: Why Trade Mark Protection Matters from Day One

Imagine Having to Start Over You have spent months building your business. You have chosen the perfect name, designed your logo, launched your website and started attracting customers. People are beginning to recognise your brand, and your business is gaining momentum. Then one day you receive a letter informing you that another business owns rights […]

BrandingIntellectual PropertyTrade MarksUdi Pillay

The Art of Choosing a Trade Mark

For many business owners, choosing a name for a new business venture is an exciting stage of building a brand. However, it is also one of the most important decisions you will make, as your trade name often becomes your trade mark. A trade mark is a valuable asset that forms part of a business.  […]

BrandingIntellectual PropertyMichelle SmithTrade Marks

Can You Recognise a Brand by Colour Alone? The Latest Instagram Trend Says Yes – But Trade Mark Law Isn’t Quite So Simple

Instagram’s latest branding trend is simple: remove the logo, remove the name, and leave only colour swatches to choose from. Surprisingly, as it would appear from the comments and user engagement, most people can still identify the brand’s colour palette and even a specific pantone within seconds. Whether it is the unmistakable purple of Cadbury, […]

BrandingIntellectual PropertyKim RampersadhNontando TusiTrade Marks