Why register a trademark in South Africa?
Trademark registration confers a number of commercial and legal benefits on the owner. In a consumer driven society, it is very important to have a particular identity attaching to your goods and services. This allows the quality and origin of your goods to stand out in an increasingly competitive global market. The very strongest brands can be extremely effective as a tool for attracting custom. It is easy to recall a number of brands that encompass an entire lifestyle choice, built around images that are associated with a particular product. Customers wishing to acquire this lifestyle literally gravitate towards the products in question, and it is for this reason that the trademark in such a brand can be valued in the tens of millions of U.S. dollars.
It is not obligatory to register a trademark in South Africa, as unregistered marks may be protected by the local courts where they are deemed to have acquired sufficient reputation. It is definitely advisable, however. A registered trade mark owner enjoys the exclusive right to use the mark in South Africa, reaping the benefits of their investment in brand development with confidence. The trademark becomes their property, with all of the benefits this entails, including the right to sell or license it to others for a profit. Unregistered trade marks do not enjoy this level of protection, and are blighted by an inherent risk; the holder of an unregistered mark cannot be sure of any protection until they have been to court and attempted to enforce their rights. Registered trademark holders know from the outset that only they have the right to trade on the good name of their brand. (more…)
