Legal updates and opinions
News / News
South Africa: trade marks as valuable assets to raise funding
By Janine Hollesen and Donvay Wegierski, Directors
The registration of trade marks has numerous advantages one of which is that as registered trade marks are assets they can be used as collateral to raise funding. The Trade Marks Act makes specific provision for the hypothecation of the marks which must however be registered before they could be hypothecated in this way.
This is a further reason to keep in mind when considering whether to file trade mark applications.
In light of the fact that trade mark applications take between 2 – 3 years to proceed to registration in South Africa, it is a good idea to file trade mark applications as soon as possible in order to ensure that these rights can be relied upon if this may be necessary for purposes of raising funding during different phases of a company’s history.
It must also be kept in mind that trade marks can be registered in one or more of 45 classes. If a mark is used or going to be used for different products and services it is important to file trade marks in the relevant classes. Each registration in the different classes is a separate and distinct trade mark registration which could be taken into account by the funders when raising the funding.
If you would like to learn more about Intellectual Property please visit our practice area page.
Latest News
Business rescue and employee rights
What happens to employees when their employer is placed into business rescue? What happens to employees when their employer is [...]
Basics of Business Rescue
What is business rescue? Business rescue proceedings are proceedings aimed to facilitate the rehabilitation of a company that is financially [...]
The cost of speaking ill of the Competition Commission
Proceedings before the Competition Commission Litigation is, by its very nature, adversarial and in consequence, litigants are sometimes prone to [...]
A brief overview of Small Claims Court procedures
The Small Claims Court ("SCC") The Small Claims Court ("SCC") was established by the Small Claims Court Act 61 of [...]
The importance of careful drafting of Trust Deeds
Careful and precise drafting of Trust Deeds Many South Africans form trusts for asset protection and estate planning purposes. In [...]
Claims for non-payment in terms of Section 73A of The Basic Conditions of Employment Act
Section 73A of The Basic Conditions of Employment Act (BCEA) In 2019, the Basic Conditions of Employment Act 75 of [...]
