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
Roger federer – the ownership of the trade mark comprising of his initials
By Donvay Wegierski, Director In August 2018, tennis champion Roger Federer terminated the sponsorship agreement with Nike having entered a [...]
Ten things you need to know about amendments to the Competition Act
On 4 December 2018 the National Council of Provinces voted to approve the Competition Amendment Bill of 2018. With this [...]
Long road to data protection
On 14 December 2018, the Regulations relating to the Protection of Personal Information were finally published by the Information Regulator [...]
The national minimum wage bill is now law
By: Bradley Workman-Davies, Director and Megan Livingstone, Candidate Attorney On 23 November 2018, the president of the Republic of South [...]
Are landlords and property owners better off with the proposed Amendment to Chapter 6?
The anticipated amendments to the Companies Act 71 of 2008 have proposed one change to Chapter 6 of the 2008 [...]
Direct marketing: the wild west to be tamed by POPIA
by Ahmore Burger-Smidt, Head of Data Privacy Practice The POPIA[1] centres around eight Conditions detailing how personal information should be [...]
