Patents, Trademarks & Copyrights
Registering a right of title over a thing that one owns, comes with immense benefits. Not only does it bring certainty and security, it also presents a legally recognised premise upon which one can enforce their rights over that thing.
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Trademarks may be registered as per the Trade Marks Act of 1993 (the Act) in South Africa, which forms the legislative basis upon which proprietors may protect their trade marks from unauthorised use. According to the Act, a trade mark ‘means a mark used or proposed to be used by a person in relation to goods or services for the purpose of distinguishing the goods or services in relation to which the mark is used or proposed to be used from the same kind of goods or services connected in the course of trade with any other person.’
In our previous instalment we shared a general overview of what trademarks are, and what they seek to protect. It was noted that a trademark, generally speaking, is a mark (sign, logo, slogan etc) that one or an entity intends to use for the purpose of identifying their goods or services from others. In other words, it is a sign that identifies certain goods or services that are offered by a particular entity or individual.
Many people prefer some products over others, and for various reasons. It could be that the preferred products are of better quality, reasonably priced or even for sentimental significance. Sometimes other products have an established and unbeatable reputation in the market, resonating well with a particular section of the population better than other products. Businesses therefore, do all they can to protect their brand and image, so that other players may not benefit from their established reputations in driving sales.
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