How to trademark an idea in south africa

To protect an idea , one must register a patent – see the patent section on this website. But most works that are copyrightable are not patentable, e. Business method (see more examples ). How to copyright an idea in South Africa. The most common reason people are retrenched in South Africa.

There are organisations and patent and trademark attorneys that can help you safeguard your idea. Step one: Register the business. Set up a business entity by registering the business as a Close Corporation or a Private Company and get all of the necessary licenses and tax registrations that are required by the South African Revenue Services (SARS).

It would also give you access to all the necessary licenses that you need to make your business legitimate. IP attorneys would also require details of all products or services that you intend applying the trademark to. But, before contacting a patent attorney, we suggest that you conduct a patent search to identify the features of your invention that have not previously been disclosed anywhere in the world. Note: The above are all extracts from the South African Trade Marks Register. Thus a brand name is a word or combination of words (e.g.

Kentucky Fried Chicken).

A slogan is a short phrase or a sentence, and a logo is a distinctive picture or symbol. This Treaty allows an individual to file an international application as well as a national application. The international application will designate countries in which the applicant seeks protection. Extra fees are payable for this type of registration.

You will still need to list the person who came up with improvements as a co-inventor in your patent, but they will have no rights to your invention. In order to acquire distinctiveness, a mark must have been used as a trademark and not as a generic name for the products or services. Where a mark is highly descriptive or laudatory, no amount of prior use will render it distinctive. Evidence of use in South Africa ,. TradeMarker brings technology and law together to make the trademark registration process affordable, fast and easy.

Our experts have years of experience registering trademarks for clients of all sizes - from startups to multinational companies. Trade marks protects marks (e.g. names, logos, slogans, etc) that are used to identify and distinguish the products or services of business. Unlike patents, designs and trade marks, you don’t have to register or go through any formal process to get copyright – it comes into existence automatically. In South Africa it is necessary to file a separate application for each trade mark in each class in which registration is sought.

Thus, you cannot obtain registration of a trade mark in South Africa using this route and must apply directly to the South African authority. You must use your trade mark for it to remain on the trade mark register. Proper use of your trade mark.

The South African patent system is the system by which patents are granted in South Africa.

As is the case in many other countries, a patent provides legal protection for a new and industrially applicable invention. This invention, which constitutes either a product or process, has to be brought about as a result of an inventive step. Essentially, this new product or process has to represent a new way of doing things or has to provide a technical solution to a real life industrial problem. Upon receipt of the notice of acceptance, you may arrange publication yourself (without additional charge). A separate application has to be filed for each class.

An adult may now possess and use cannabis in private for personal consumption in South Africa. However, South Africans may not sell or. What kinds of ideas and innovations can you copyright or trademark? Trademark your weed business idea now: legal expert. You cannot copyright or trade mark an idea or innovation.

The trade mark registration process in South Africa is quite lengthy, which is due to various administrative backlogs at the Registry. Since I’ve began working for a registered patent attorney I have been bombarded with family and friends “million dollar” ideas and inventions. Recently I was asked by my uncle if a poor man’s patent is a legit way to protect his idea.

Registering a trademark for a company name is pretty straightforward. Many businesses can file an application online in less than minutes, without a lawyer’s help. The simplest way to register is on the U. Before completing the online.