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A trade mark is a category of intellectual property that distinguishes a product, service, or brand from a competitor. It consists of a sign and conventionally includes a word, name, slogan, signature or combination of letters and/or numerals. Unconventionally it can also include sounds, smells, colours, and shapes. A trade mark must be registered in […]

Yes, trade marks are protected by intellectual property rights. Intellectual property’ (IP) is a generic term used to refer collectively to intangible products such as patents, industrial designs, trade marks and brand names, copyright, trade secrets and know-how, etc., all of which are products created through the innovative or creative efforts of people. It is […]

Signing an offer to purchase is the first step in buying or selling a property. However, for the sale to be completed, a conveyancing attorney is required to facilitate the registration of the transfer of the property from the current owner’s name into the name of the purchaser. In this article, we will look at […]

If you are in the process of purchasing a home, then you are probably wondering what all the additional fees are. The fact is that there are a number of fees you must budget for when purchasing a home. Some of the fees you can expect to pay include Deeds Office fees, transfer duty and […]

Mergers are complicated and to be properly implemented they require mergers and acquisitions lawyers that have a lot of experience and knowledge of the legalities surrounding mergers. Whether it is to draft and implement agreements between the merging companies, or to assist in the compliance of the merger, a mergers and acquisitions lawyer is essential. […]

In the world of corporate finance, an acquisition is considered to be a transaction in which an individual or entity (company) purchases some or all of the shares of a business. In South Africa, mergers and acquisitions are in part regulated by the Companies Act No 71 of 2008 (Companies Act). Acquisitions are a popular […]

The registration of trade marks under the Trade Marks Act, 1993 (Act 194 of 1993),  can be vital to the success and protection of your brand. In South Africa, a trade mark is registered with theCompanies and Intellectual Property Commission (“CIPC”), beingthe national authority that is responsible for the national trade mark register for South […]

Buying a new home or property is an exciting prospect; however, the process may seem complicated and many do not fully understand the costs involved. In this article, we will discuss how conveyancing fees work, but more importantly, whether you need a conveyancing attorney and what a conveyancing attorney does. What Do Conveyancing Attorneys Do? […]

It goes without saying that it is extremely important to protect your brand and the trade marks signifying it. Registration of your trade marks will serve to deter potential infringement and will offer an easy remedy in instances of actual infringement. Registering your trade marks correctly and securing adequate protection can, however, be a daunting […]

A trade mark is a sign capable of distinguishing the goods / services of one entity from that of another.  In other words, it is allows for a product or service to be identified as belonging to an individual or business and functions to distinguish the particular goods / services from those of others in […]

Once you have conceived or developed an invention, it is time to patent that invention. However, the patenting process can be time consuming and complicated. It is advisable to consult and hire a patent attorney to assist you with the patent registration process. Even though your patent attorney will have the necessary skills, knowledge, and […]

It is advisable for an inventor to acquire a patent when creating or designing a new invention. By obtaining a patent, an inventor can be sure that their invention is protected against others making use of, selling, manufacturing, advertising, or importing the invention without permission from the patent holder. In order to acquire a patent […]

Trademark infringement is when you make unauthorized use of a trademark that is identical or confusingly similar to the trade mark of another person. It is extremely important to ensure that you conduct a search of the register and the trade before finalizing any logos, slogans, names, or other forms of marks to ensure that […]

A trade mark registration affords the owner thereof the exclusive right to use it in relation to the goods / services covered by the trade mark registration. Unless a trade mark owner consents, or provides a license, to the use of a trade mark by a third party, use of a trade mark owner’s trade […]

When starting a business, protecting that business and giving it the best chance at succeeding should be at the forefront of your mind. One of the aspects of ensuring that your business has the best chance at success is registering a trade mark. A trade mark registration goes a long way in protecting your business, […]

A personal injury lawyer has knowledge of and works within the sphere of healthcare, litigation, and clinical negligence. They provide their services to those who have been injured, experienced physical or psychological damage, or have been wronged by another person. This damage could have been caused to the person, their property, rights or even their […]

Buying a new property isn’t as simple as getting approval for and paying off a bond. There are multiple additional taxes, fees and charges which will be payable to ultimately have the property registered in the name of the buyer. Some of the fees can be included in the bond application but others, such as […]

Covid-19 cases are on the rise, once again, in South Africa, in line with what scientists had predicated mid-year. The fourth wave of infections is on the cards and, therefore, it is critical that every necessary effort is made to, at least, delay this wave, or at best, avoid it. The rise in infections coincides […]

Within South Africa, one can enter into a customary marriage or a civil marriage. Both are valid forms of marriage; however, a customary marriage permits polygamy (having multiple partners), whereas a civil marriage requires a monogamous relationship (two parties entering into a union). The recognition of the Customary Marriage Act was established in order to […]

Corporate and commercial lawyers can provide businesses and organisations with a number of advantages. The main goal of consulting a commercial or corporate lawyer is to protect the property and interests of a business or organisation against any business crippling threats. Corporate and commercial law are closely connected to one another; however, they should not […]

When signing a contract, one cannot predict whether certain circumstances will arise or not. No one expected the occurrence of COVID-19, yet it had a devastating effect on the global economy, leading to widespread unemployment. Force majeure is a common clause within contracts that accounts for “acts of God” – the events and circumstances that […]

The purpose of a trade mark is to distinguish one business from that of another and it, in effect, provides a business with protection from third party infringement or copying. This is because, if two entities operating in the same trading channels use identical or similar branding consumer confusion could occur in the trade. As […]