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
Corporate Social Responsibility embraces Humanity as SA works to flatten the curve – but beware scammers
By Donvay Wegierski, Director Many companies have long engaged in Corporate Social Responsibility (CSR) programmes involving sustainability, ethics and social [...]
Tax Treatment of Prepaid Expenditure in the Limelight
By Erich Bell, Director, Werksmans Tax Proprietary Limited The application of section 23H was one of the issues recently considered [...]
SPLUMA Certificate Confusion
By Fátima Rodrigues, Director and Head of the Property Law & Real Estate practice (Johannesburg) and Khathu Neluheni, Senior Associate [...]
Must fees fall? The impact of the lockdown on school fees
By Thomas Karberg, Candidate Attorney Reviewed by Bulelwa Mabasa, Director and Head of the Land, Reform Restitution & Tenure practice [...]
CIPC certificate for permitted services
By Jacques van Wyk, Director and Thabisa Yantolo, Candidate Attorney The Department of Trade and Industry have not yet provided [...]
Letter issued by the Johannesburg Stock Exchange (“JSE”) on 24 April 2020 on Financial Reporting during COVID‑19 (“JSE Letter”)
by Kyra South, AssociateReviewed by Natalie Scott, Director Background Since the outbreak of COVID‑19, and the subsequent national lockdown declared [...]
