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 a complete record of the arbitration proceedings
Lessons from Minister of Police v Police and Prisons Civil Rights Union (POPCRU) Obo Senti and Others (PA15/2021) [2023] ZALAC [...]
The Electricity Regulation Amendment Bill: A New Era for the Energy Sector?
The Electricity Regulation Amendment Bill [B 23 - 2023] (the Bill), has been published for comment and aims to introduce [...]
Pre-owned purchases and the Consumer Protection Act
and Sabine Letellier, Candidate Attorney Purchasing a pre-owned vehicle may deprive a consumer of that new car smell, but it [...]
Proving claims in an insolvent estate – basic principles reaffirmed
In the recent case of Firstrand Bank Limited v the Master of the High Court and others handed down on [...]
Should Post-Commencement Financiers have a vote on Business Rescue Plans?
Reviewed by, Dr Eric Levenstein, Director and Head of Business Rescue & Insolvency A critical look at Wescoal Mining (Pty) [...]
The in duplum rule: some insights
and Lwazi-Lwandile Simelane, Candidate Attorney Interest stops running when the unpaid interest equals the amount of the outstanding capital claim. [...]