News and Views
THE INTERPLAY BETWEEN COMPANY NAME RESERVATIONS, TRADE MARK REGISTRATIONS AND DEFENSIVE COMPANY NAME REGISTRATIONS
More often than not, business owners do not attend to a trade mark availability search before they register their company name at the Companies and Intellectual Property Commission (CIPC). Section 11 of the Companies Act clearly prohibits the registration of a company with a name which is the same as, or even confusingly similar to:
- another company name; or
- a registered trade mark; or
- a name for which an application for registration as a trade mark has been filed; or
- a defensive company name; or
- a well-known trade mark.
When applying for a company name reservation, the CIPC only considers identical or confusingly similar company names contained on the company names register, and not those contained on the trade marks register, as potential blocks to registration. Therefore, company names that proceed to registration may infringe on trade mark rights as set out in section 11 of the Companies Act. This often leads to company name objections having to be adjudicated by the Companies Tribunal. Conducting a trade mark availability search as part of your due diligence investigation is therefore an important preventive step which can avoid future company name objections and can minimize the possibility of losing the right to your company name in the future.
On the other hand, it is important for a trade mark owner to prevent others from using their trade mark, or a name confusingly similar thereto, as a company name. The Companies Act makes provision for the registration of a defensive company name. Defensive company name registrations are intended to protect trade marks being incorporated into company and close corporation names. This means that you will be able to protect your trade mark on the company names register and prevent others from trading and using your trade mark as a company name.
The applicant for a defensive company name must provide prove to the CIPC that he/she has a direct and material interest in the protection of the name i.e. a trade mark registration or even an application for a trade mark registration. A defensive company name may be registered with CIPC for a period of two years and may be renewed for every two years thereafter. The advantage of registering a defensive company name is that it avoids the cost of a formal company name objection every time a company is registered with an identical or confusingly similar name.
Sonica Wilken
Associate
Attorney
Trade Mark Prosecution Department
Email sonicaw@kisch-ip.com
Tel +27 11 324 3133
Magnificent items from you, man. I’ve bear in mind your stuff prior to and you are simply
too great. I really like what you’ve acquired right here, certainly like what you’re stating and the way in which wherein you assert it.
You’re making it entertaining and you continue to care for to
keep it sensible. I cant wait to read much more from you.
That is really a great web site.
Magnificent beat ! I would like to apprentice whilst you amend your web site, how could i subscribe for a weblog site?
The account aided me a applicable deal. I have been a little bit acquainted of this your broadcast
provided brilliant transparent concept https://Thebookmarklist.com/story16486926/la-bouticaire
This site was… how do you say it? Relevant!! Finally I’ve found something that helped me.
Thank you!
Hi to every one, the contents present at this web page are genuinely remarkable for people experience, well, keep up the good work
fellows. https://Www.kenpoguy.com/phasickombatives/profile.php?id=1853612
I’d like to find out more? I’d want to find out more details. https://Hylistings.com/story17607554/color3i
Pretty! This was an extremely wonderful article.
Many thanks for supplying this information. https://Getsocialpr.com/story17342178/la-scootershop
I’m gone to convey my little brother, that he should also
visit this website on regular basis to take updated
from hottest reports. http://Wiki.Competitii-sportive.ro/index.php/User:LouiseSteffen4
I have to thank you for the efforts you’ve put in penning this blog.
I am hoping to see the same high-grade blog posts by you in the future as
well. In fact, your creative writing abilities has encouraged me to get my
own site now 😉 https://Bossgirlpower.com/forums/profile.php?id=276774
Hey just wanted to give you a quick heads up. The text in your post seem to be running off the screen in Firefox.
I’m not sure if this is a format issue or something to do
with internet browser compatibility but I thought I’d post to let you know.
The design and style look great though! Hope you get the issue
fixed soon. Thanks http://Www.Superstitionism.com/forum/profile.php?id=1038734