UKZN Hosts Webinar on Trade Marks in South Africa

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UKZN InQubate - the Technology Transfer Office of UKZN - in partnership with Adams & Adams Attorneys - one of SA`s largest Intellectual Property law firms - hosted a webinar titled: Protecting Trade Marks in South Africa and How to Use Trade Marks Effectively as Commercial Tools.

The webinar which featured guest speaker Ms Amina Suliman, partner at Adams & Adams and UKZN alumnus highlighted the protection of trademarks and how to register and use trademarks as commercial tools.

Suliman examined Intellectual Property (IP) as the collection of different types of rights and noted the overlap that exists between various forms of IP namely: trademarks, copyright, patents, designs, trade secrets and goodwill.

She defined a trademark as 'a mark used in the course of trade in relation to goods or services for the purpose of distinguishing those goods and services from others.’ Using the banking industry as an example she said ‘consumers are drawn to trademarks because they attribute a certain quality or reputation to that mark.’

Suliman discussed how trademarks, designs and patents are the only IPs that can be registered. She identified a mark ‘as a sign capable of graphic representation’ and described the different forms of traditional and non-traditional trademarks.

Highlighting a requirement used for registering a trademark, Suliman said ‘the mark must be capable of distinguishing.’ She listed marks that cannot be registered as those that are incapable of being distinguished, have no intention of being used, are an adaptation, imitation or translation of a well-known mark, and are likely to deceive or cause confusion that is contrary to the law.

Suliman urged businesses to select trademarks from a marketing and legal standpoint by including a mark that has words or letters; is original or unique; has a logo; is easy to remember and pronounce; sets you apart from your competitors; is not descriptive of your goods or services; and translates well into other languages.

She noted how the registration process for a trademark can take up to two-three years to be completed and encouraged businesses to conduct general internet, domain, company and trademark searches to identify any potential risks before embarking on the registration process.

Suliman explained the importance of registering for a trademark as it makes it easier to enforce your rights, acts as a deterrent from others registering or using your trademark and becomes an asset.

In closing, she advised businesses to check on their portfolio regularly after registration, renew their registration every 10 years, obtain proper licensing agreements, update their records on the system and acquire IP audits and valuations in order to maintain and protect their brand.

The webinar was well received and had a varied attendance of staff and students. It shared practical advice and examples on the use and value of trademarks within a business and ended on lighter note with Suliman giving students a short guide on how one can become an IP attorney.

The Technology Transfer Office will be offering more webinars with topics ranging from IP and collaboration projects; protection of plant breeders’ rights; as well as early and late stage technology funding.

Words: Hlengiwe Khwela

Photograph: Supplied