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
Tourism Relief Fund
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; Michiel Heyns, Senior Associate; and Nasheetah Smith, Senior Associate The [...]
Update: adoption leave and commissioning parental leave: update to UNEMPLOYMENT INSURANCE ACT 63 OF 2001
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Michiel Heyns, Senior Associate The President of the Republic [...]
Employment laws in light of COVID-19: Are they equipped for disaster situations?
by Sandile July, Director and Nyiko Mathebula, Candidate Attorney There are numerous publications that have been posited to suggest what [...]
Effect of SA’S COVID-19 lock-down on transport services / operators and insurance
by Godwin Bossr, Director and Yusri Adams, Senior Associate In response to the global pandemic caused by the spread of [...]
Pension funds distress rules & FSCA operations during lockdown
by Hilah Laskov, Senior Associate and Chelsea Roux, Candidate AttorneyReviewed by Shayne Krige, Director and head of the Investment Funds [...]
The various departmental functions available during lock-down
By Bronwyn Parker, Senior Associate and Kyra South, AssociateReviewed by Chris Stevens, Director and Head of Mining, Environmental & Resources [...]
