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
No work on public holidays – a gift from the labour appeal court
In terms of the Basic Conditions of Employment Act, 75 of 1997 ("BCEA"), all employees are entitled to a minimum [...]
What does the protection of personal information act, 2013 mean for south African elections?
by Ahmore Burger-Smidt, Head of Data Privacy Practice and Mahlogonolo Motimele, Candidate Attorney A CLOSER LOOK AT THE VOTERS ROLL [...]
Not your friend, buddy
The requirement to register as a credit provider under the National Credit Act That the National Credit Act[1] (the NCA) [...]
The inadvertent 8c trap
Section 8C of the Income Tax Act 1962 (the Act) includes in a taxpayer's income any gains or losses made upon [...]
Jurisdiction in South African Labour Law
Jurisdiction can be defined as the competence of a court to hear and determine an issue between the parties. A [...]
When machines make decisions: Understanding the impact of the protection of personal information act, 2013 (“Popia”)
Companies, when obtaining and processing personal information must not mislead and must also provide certain information to the individual data [...]
