Searches, Filing & Prosecution

Searches, Filing & Prosecution

Any trade mark that is registered should be a strong protectable brand. What may seem a good idea, or innovative, may lead to rejection for many different reasons. And if your application succeeds, how do you use the trade mark effectively. These are all aspects that are covered in detail when you consult with Adams & Adams Attorneys. We’ll talk to you about the process, about the suitability and strength of the mark, unintended connotations of your proposed mark, how to properly use your mark, potential legal refusals to register the mark and other issues as may pertain to your particular circumstances.

Our Trade Mark Prosecution Group is able to assist you with the following matters:

  • Assessment for registribility
  • Trade mark searches
  • Trade mark filing (local)
  • Trade mark filing (international)
  • Trade mark oppositions
  • Removal or cancellation of a trade mark
  • Trade mark renewals
  • Trade mark amendments
  • Web domain registrations
  • Defensive registrations

Commercialisation

Owners of trade marks can often exploit the commercial value of that intellectual property by licensing other people to use their intellectual property in a controlled manner. Allowing someone to use your intellectual property under licence would typically ensure a regular royalty stream as well as enhancing the awareness of your brand through the marketing and activities of the licensee.

The Trade Mark Prosecution Group of Adams & Adams is able to assist you with the following commercialisation services:

  • License and royalty agreements
  • Full intellectual property valuations
  • Intellectual property due diligence
  • Deeds of security and hypothecation
  • Recordal of licenses
  • Assignment and transfer of ownership

Enforcement

There’s a popular saying; “What you don’t know, can’t hurt you.” It’s not necessarily true for trade marks unfortunately. “What you don’t know, can hurt you.” You’ve registered your trade mark and you’re reaping the benefits of a healthy, valuable brand. How can you ensure that your mark is safe and exclusive, and who do you turn to when someone infringes on your right?

Adams & Adams is well placed to assist in maintaining your trade mark through the constant scanning of new applications and through regular checks of infringement. There are a variety of remedies available should it become necessary to defend your valuable intellectual assets:

  • Litigation motion proceedings
  • Litigation trial proceedings
  • Interdicts
  • Passing-off matters

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