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
The importance of the recognition of cultural beliefs in the workplace
Cultural beliefs in the workplace Issue in dispute Can an employee who has a genuine cultural belief that she [...]
Let the litigation funder beware
Litigation funding agreement A litigation funding agreement is an agreement that provides for a non-party to finance a legal action [...]
What’s really right? Corporate Social Responsibility as a legal obligation in South Africa
Corporate Social Responsibility Introduction Corporate Social Responsibility is no longer merely a “nice to have” as it finds [...]
Employment equity: The importance of regional demographics
Employment Equity Act 55 of 1998 In terms of the Employment Equity Act 55 of 1998 as amended (“EEA“) designated employers must [...]
The legalities of volunteering – understanding your options and obligations
“It’s in your hands to make the world a better place.” – Nelson Mandela 10 Legalities around volunteering Mandela Day [...]
Incitement to strike
Inciting employees to commit misconduct When does the conduct of an employee amount to ‘incitement’ justifying disciplinary action? In order [...]
