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Written by : Mary Elsey |
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when we start with ip ip is really that umbrella term and it encompasses different kinds of essentially you get you know trademarks that would be um your brand name that you can protect um or your logo like knife that you can protect then you get copyright protection now copyright protection as i said you don't go out to register the only exception in south africa would be and you may be aware of this you can register copyright in a cinematographic form so in a video in a movie you can go and register that but if you don't go and register the right still best automatically and then any other copyrights or copyrights say in a script copywriting a logo or a painting those are not registerable in south africa and again as i said earlier provided that certain requirements are met you will be protected by copyright other jurisdictions like the us you can go there is a copyright registration office and you can register copyright in different kinds of works in south africa that's not the case it's only the case when it comes to you know cinematographic form
Thanks for your comment Shauna Dellinger, have a nice day.
- Mary Elsey, Staff Member
so I cannot register the word cream because it's actual thing it's a it's a product but but what about Apple AJ hi guys and welcome to another episode of IP bride this is my good friend and I feel to knee AJ Tommy I and this is Lisa cut my body and good intrapreneur today we're going to talk about trademarks what you can and cannot register how to register and some practical tips on how to use your trademark let it dry edge I've seen some companies use with a company name or with a logo the latest TM or the or in the circle does this mean that these are registered trademarks really all circle would employ a registered trademark the use of TM would mean maybe in application or you simply have common law rights and then just shortly the definition of the trademark would be a means of identifying your product where they'd services or goods can I use anything as my trademark any picture or word yeah sure anything that can be graphically depicted examples would be maybe a patent configuration picture signature etc and the idea behind a trademark is to be distinctive right to stand out Yolo is definitely the the Act defines the function of a trademark to distinguish one person's goods from another's so AJ when choosing my trademark is there anything that could prevent me from registering yeah a couple of things just to name a few inherent lack of distinctiveness an example would be to try and rage the cream for a mock product that won't work okay a second option might be the fact that you're trying to do something of a geographical location that won't work and maybe a mockery registered on the roll and guys to that point please watch our previous episode pertaining to trademark searches we'll put a link in the description below so I cannot register the word cream because it's actual thing it's a it's a product but but what about Apple AJ well the nice thing about Apple is because of the services and goods being something for computers the the use of the word Apple is quite unique distinctive for that specific service of boots so but isn't that makes it such a good trademark so that's that's allowed but I can't reduce the Apple to sell apples yeah you know okay I did you mentioned I can use the latest TM without registering a trademark so why would I register well it's always nice to have a prima four key right when you want to engage into litigation it puts that first foot in the floor you don't have to prove you're right okay it's it's very nice because it's an asset you know you can license it you can franchise it it gives your product the value and it protects your product and it's very quicker and easier to register product don't you have to try and build up rights for a common law so as a start-up entrepreneur you can use TM but if you see your company booming it's a great idea to register your trademark as soon as you can bottom line as soon as possible but yeah when my business does reach that stage what is the procedure to register trade although usually you start with filing it and then the the application needs to be examined followed by publication we wrap on a little trigger an opposition period and if no one opposes your application then which will proceed to grant them yeah and then you may use the or circle then I can use the whole circle so whether I'm using a TM or have an actual registered trademark AJ do you have any practical tips on how to use my treadmill it's definitely I think as a start guys you know always use it as an adjective and never has a verb or noun for example maybe something like always use your IP bright tongues on a choppy would be a correct use of an incorrect use with would be something like IP briar choppy's okay the third one you know use it in capital its capital letters thanks AJ we've covered quite a lot of content on trademarks from using the TM and the are in the circle to what you can and cannot register how and why to register your trademarks and some practical tips on using out right now yeah definitely do you guys just remember this is for educational purposes and if you would like to file a trademark application please contact us our email is below and if you're not yeah one can hear more about all the legal stuff in running your business don't miss our next episode
Thanks Basil your participation is very much appreciated
- Mary Elsey
About the author
I've studied x-ray astronomy at Spring Hill College in Mobile and I am an expert in sociology of organizations. I usually feel geeky. My previous job was commercial diver I held this position for 11 years, I love talking about unicycling and wine making. Huge fan of Samuel L. Jackson I practice rope jumping and collect breweriana.
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