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
South Africa’s first case on Section 31
Multinationals with South African group companies are required to adhere to South Africa's transfer pricing legislation as found in section [...]
When the law says – confess!
by Ahmore Burger-Smidt, Head of Data Privacy Practice The importance of a data breach plan The South African society has [...]
Land Reform – ANC To Amend Constitution
The ANC has been embroiled in an internal debate on how to operationalise the resolution it took in its 54th [...]
Knock knock knocking on jail’s door
The amendments to the Competition Act, 1998, which introduce criminal liability for cartel conduct, came into effect on 1 May [...]
Is it game set and match Federer?
Roger Federer, holder of eight Wimbledon men's singles titles and currently ranked no. 2 in the world in men's tennis [...]
Broad-Based Black Economic Empowerment Commission (“Commission”) finalises its first case
On 12 July 2018, the Commission issued final findings against BEE Matrix, a BBBEE verification agent. The Commission's first finalised [...]
