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
POPIA and consent, the biggest misunderstanding?
“Sometimes you have to travel a long way to find what is near” Paulo Coelho It has been over a [...]
Once empowered, always empowered?
There has been a recent shift in emphasis by the Competition Commission of South Africa (the Commission) from simply protecting [...]
Fake news – The three sisters: Mis, Dis and Mal.
by Ahmore Burger-Smidt, Head of Data Privacy and Cybercrime Practice, and Siyabonga Galela, Candidate Attorney Fake news Introduction The Fourth [...]
Stronger Penalties Needed In Climate Change Bill
Earlier this year, the United Nations (UN) Intergovernmental Panel on Climate Change (IPCC) published its Sixth Assessment Report, also known [...]
The true meaning of dispositions ‘not made for value’ in the South African Law of Insolvency
by Eric Levenstein, Head of Insolvency, Business Rescue and Restructuring, Kerisha Reddy, Associate, and, Brandon Starr, Candidate Attorney A key [...]
Jump the gun, bite the bullet: Consequences of failure to notify a merger in Africa
by Paul Coetser, Director & Head of Competition, and Sandiso Dhlomo, Candidate Attorney It is no longer a surprise that [...]