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
Section 12A(3)(e) – Is it really all about promoting HDP or worker ownership?
by Graeme Wickins, Director Section 12A(3)(e) of the Competition Act Much has been written about the hyper-focus the Competition Commission [...]
Bid rigging vs price fixing: Clarification on when you will be deemed to have exited a cartel
Understanding what is exactly required to demonstrate that a company has distanced itself from a cartel is undoubtedly of great [...]
When must your medical scheme pay for treatment?
by Helen Michael, Director and, Raisah Mahomed, Candidate Attorney On 26 August 2022, the High Court in Pretoria handed down [...]
Not every crime is a cybercrime – The dichotomy of cyber-enabled crimes and cybercrimes
The global adoption of digital technology is rapidly increasing, which increase has caused an evolution in criminal behaviour resulting in [...]
Breaking set stone – exceptional circumstances and the variation of Competition orders
by Ahmore Burger-Smidt, Director and Head of Data Privacy and Cybercrime Practice and member of the Competition Law Practice, and [...]
The Constitutional Court has tightened the noose on the doctrine of common purpose.
by Sandile July, Director, Sandile Tom, Director and, Benedict Ngobeni, Candidate Attorney Doctrine of common purpose The principles underpinning the [...]