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
Cutting edge issues for south african boards of directors facing financial distress in 2019
INTRODUCTION Over the years, South African directors have, from time to time been faced with claims of malfeasance, reckless trading, [...]
African competition law developments in 2018 and the outlook for 2019
Africa is sometimes described as the "last frontier" of competition law. This observation arises because many African countries have only [...]
Brexit And Trade Marks – What Is Next
The following considerations and time frames concerning trade marks in the UK are expected to apply to European Trade Marks [...]
‘Deal’ or ‘No Deal’ – brexit and trade marks
By Donvay Wegierski, Director Depending on the circumstances, the following considerations and time frames concerning trade marks in the UK [...]
South Africa: primark cancelled due to non-use
By Janine Hollesen, Director Truworths brought a cancellation application against Primark Holdings’ registration for PRIMARK on the basis that the [...]
Can you copy a product of someone else?
By Janine Hollesen, Director This question was all over social media and media reports when the owner of Ubuntu Baba [...]
