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
Sports Betting Opportunity: Mpumalanga Economic Regulator Invites Proposals for Bookmaker Licences
Introduction The Mpumalanga Economic Regulator has published a notice that it intends to invite proposals for Bookmaker Licences in terms [...]
Watt You Need to Know on the draft Electricity Transmission Infrastructure Regulations
by Jonathan Behr, Director, and Robyn Helling, Candidate Attorney The draft regulations to facilitate planning for the procurement and establishment [...]
No Claim? No Problem. Rethinking Creditor Rights in Insolvency Law
A recent judgment handed down in the Johannesburg High Court in Single Destination Engineering (Pty) Ltd and Another v Van [...]
The Balancing Act: The Sharing of Company Information by Exiting Shareholders with Potential Third-Party Purchasers
and Emma Reid, Candidate Attorney INTRODUCTION The default position regarding who can access a company's records and information ("company information") [...]
Court Orders Gauteng Department of Health to Provide Cancer Treatment to Patients Awaiting Care
and Slade van Rooyen - Candidate Attorney and Farah Yassin - Candidate Attorney On 27 March 2025, the Gauteng Local [...]
Allegations of Ethnic Discrimination Require Evidence: the Sagan Principle
and Isabella Keeves - Candidate Attorney In 1979 science communicator and physicist Carl Sagan wrote in his book Broca's Brain [...]