News and Views
THE GAME CHANGER: THIS IS WHY YOU SHOULD REGISTER YOUR BUSINESS TRADING NAME AS A TRADE MARK …ASAP!
What is a registered company name?
A registered company name is the name which has been reserved, registered and been afforded a
registration number by the Companies and Intellectual Property Commission (“the CIPC“).
In terms of section 11 of the Companies Act, the name of company may comprise of words in any language
together with any words or letters, numbers, symbols and/or punctuation marks.
However, the name of a company may not be:
- the same as another company;
- a name registered for the use of a person as a business name in terms of the Business Names Act
- a registered trade mark belonging to a person other than the company;
- a mark in respect of which an application has been filed in the Republic for registration as a trade mark or a well-known trade mark as contemplated in section 35 of the Trade Marks Act.
The Companies Act also prohibits the registration of a company name that falsely implies or suggests, or would reasonably mislead a person to believe incorrectly, that the company is part of, or associated with, any other person or entity.
What is a trading name?
It is common practice for entrepreneurs to trade under a different name to their registered company name and there is often a risk that their trading name infringes on various other trading names and/or trade mark registrations and applications, without them even knowing.
For this reason the Consumer Protection Act (“the CPA“) in sections 79 to 80, introduced changes to the way
in which entrepreneurs may use “trading as” names or “business names”.
Sections 79 provides that a person must not carry on business, advertise, promote, or offer to supply any
goods or services, or enter into a transaction or agreement with a consumer under any name except:
(a) the person’s full name as—
(i) recorded in an identity document or any other recognised identification document, in the case of an individual; or
(ii) registered in terms of a public regulation, in the case of a juristic person; or
(b) a business name registered to, and for the use of, that person in terms of section 80, or any other public
regulation.
Section 80 sets out the procedure in registering the business name of a company. However, the
business names registry and the registration process in terms of the CPA have not yet been established.
What would the effect be when sections 79 to 80 become operational?
These sections will only come into effect on a date to be determined by the Minister of
Trade and Industry and published in the Gazette. When the provisions come into force, a person may not use
a trading name unless recorded on the business names register as maintained by the CIPC.
Does “any other public regulation include” the trade marks Act?
Yes, it absolutely does. In order for you to ensure your trading name or business name stays enforceable, it is
recommended that a trading name or business name be registered as a trade mark. By doing this you will ensure statutory protection for your business name and will avoid having to change your name or register your name as a busines name when the above sections of the CPA come into force because you can use your trade mark as a means to adhere to section 79 of the CPA.
Note that a trade mark registration provides a far stronger right than an ordinary company or business registration, as a trade mark registration can be relied upon to prevent the unauthorised use or registration of an identical or confusingly similar trading name, trade mark, business name or domain name simply by adducing evidence of the trade mark registration, as opposed to having to rely on common law trade mark rights which require proof of, for example, a substantial reputation in the relevant market, which is far more onerous to prove.
About KISCH IP
KISCH IP has over 146 years’ experience assisting clients from small to large businesses in all sectors, in safeguarding their intellectual property rights. As the intellectual property partner of choice across Africa, serving as a gateway to the region for multi-nationals, regional entities and local companies seeking to enter African markets, we are able to fulfil our clients’ needs while continually growing our personalised IP offering. Please visit www.kisch-ip.com for more information and our latest news.
Vicky Stilwell
Director
Trade Mark Attorney
Email vickys@kisch-ip.com
Tel +27 11 324 3049
Sonica Wilken
Associate
Attorney
Trade Mark Prosecution Department
Email sonicaw@kisch-ip.com
Tel +27 11 324 3133
Greetings from Carolina! I’m bored at work so I decided to check out your site
on my iphone during lunch break. I love the information you
present here and can’t wait to take a look when I get home.
I’m amazed at how fast your blog loaded on my phone .. I’m not even using WIFI, just
3G .. Anyhow, amazing blog!
I am truly thankful to the holder of this website who has
shared this wonderful paragraph at here.
Also visit my webpage ????????????????
Everything is very open with a clear description of the
challenges. It was really informative. Your site is
very useful. Thanks for sharing! https://Kizkiuz.com/user/SethFrizzell534/
Hey There. I found your weblog using msn. That is a really smartly written article.
I will make sure to bookmark it and return to learn extra of your useful information. Thank you for the post.
I will certainly comeback. https://Usellstuff.com/index.php?page=user&action=pub_profile&id=337642
It’s an awesome piece of writing designed for all
the web people; they will obtain benefit from it I am sure. http://www.superstitionism.com/forum/profile.php?id=1057742
Hi to every , as I am genuinely eager of reading this
blog’s post to be updated daily. It includes nice material. https://B-sovety.ru/user/RVJLayla65/
I’m extremely impressed with your writing skills as well as with the layout on your weblog.
Is this a paid theme or did you modify it yourself? Anyway keep up the nice quality writing, it’s rare to see a nice blog like this one nowadays. https://www.freelegal.ch/index.php?title=Utilisateur:RosarioRadecki
Plans for striking $1-billion spiral-shaped Hollywood tower bursting with greenery unveiled
[url=https://www-bs2site.at]???? ?????[/url]
Celebrated architect Norman Foster has unveiled plans for a new $1-billion office tower in ?Los Angeles that will see greenery spilling out from a series of terraces spiraling up its facade.
The eye-catching proposal, which was formally submitted to city planning authorities this week, will transform a two-acre site on Hollywood’s Sunset Boulevard into a 22-story entertainment industry workplace dubbed The Star.
https://www-bs2site.at
black sprut
Digital impressions of the high-rise, released by the British architect’s firm Foster + Partners on Wednesday, show elevated gardens bursting with plants and trees, as well as outdoor decks and modern office space.
always i used to read smaller articles which as well clear
their motive, and that is also happening with this post which I am reading
here. https://www.flynonrev.com/airlines/index.php/User:HoracioKohl3
wonderful issues altogether, you just won a brand new reader.
What might you suggest in regards to your publish that you made a few days ago?
Any positive? https://housesofindustry.org/wiki/User:Jade534538677
I think this is one of the most important
info for me. And i am glad reading your article. But should remark on some general things,
The web site style is ideal, the articles is really nice : D.
Good job, cheers https://K53Rsa.Co.za/question/formateur-agree-un-emploi-valorisant-sur-le-quebec-3/
Wonderful goods from you, man. I have understand your stuff previous
to and you are just extremely magnificent. I really like what you have acquired here,
certainly like what you are saying and the way in which
you say it. You make it enjoyable and you still care for to keep it smart.
I can’t wait to read far more from you. This is
actually a terrific site. https://kizkiuz.com/user/MichaelMccracken/
I know this if off topic but I’m looking into starting my own weblog and was curious what all is needed to get setup?
I’m assuming having a blog like yours would cost a
pretty penny? I’m not very internet smart so I’m not 100% sure.
Any suggestions or advice would be greatly
appreciated. Kudos https://qna.Lrmer.com/index.php?qa=958254&qa_1=service-recrutement-international-partenaire-meilleurs
Hi i am kavin, its my first time to commenting anywhere, when i
read this paragraph i thought i could also create comment due to this brilliant paragraph. https://content4blogs.online/element-yoga-a-montreal-plongez-dans-lexperience-du-yoga-urbain-2/
[url=https://pint77.com] Your sales on Etsy, Amazon, ebay, shopify.[/url]