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
2022/2023 Budget Proposals Tax Overview
2022/2023 Budget Proposals - Tax Overview By: The Werksmans Tax Team INTRODUCTION Minister of Finance Enoch Godongwana delivered his maiden [...]
“Death and Life are in the Tongue”* – A Case of Hate Speech
by Dakalo Singo, Director and Harold Jacobs, Director "This country is still grappling with identifying where the bounds of freedom [...]
Chambers Global Rankings 2022
Chambers Global Rankings 2022 Released Published annually since 1999, Chambers covers legal markets of 200 jurisdictions by researching firms and [...]
The Status of Business Rescue in South Africa
Business Rescue in South Africa 2022 by Eric Levenstein, Director, and Head of Insolvency, Business Rescue & Restructuring practice, and [...]
Compensation for employees who experience injuries, illness or death as a result of the Covid-19 vaccine
Compensation for Occupational Injuries and Diseases Act 130 of 1993 by Jacques van Wyk, Director and Andre van Heerden, Senior [...]
Dismissal for intimidation and accusations of racism against fellow employee held to be fair and appropriate
Dismissal for intimidation and accusations of racism by Jacques van Wyk, Director and Andre van Heerden, Senior Associate Issue Whether [...]