Are you using a logo, business name or even a signature which represents your brand, but you are not sure how to best protect it from the prying eyes amongst the design industry? Your answer? File a trade mark application.

A registered trade mark (amongst other forms of intellectual property) can provide protection for your business name, logo, signature, colours, pattern and even shape or container for your goods and as well as your services. The primary requirement is that your mark must serve the purpose of distinguishing your goods and services from those of others in the trade.

The best way to protect your mark is to apply to register it in relation to the specific goods you make, or the services you render. Please arrange a consultation with us to handle the nitty-gritty of the trade mark registration process or come and chat to us at the Design Indaba Expo (CTICC Cape Town) at stand 35 from 27 February 2015 to 1 March 2015. In the meantime, make sure that you use the ™ symbol next to your brands. This simply creates public awareness (i.e. warns third parties) that you are the owner of that mark and that their use of the same or similar trade mark without your permission would encroach on your rights.

Adams & Adams is the official attorney to Design Indaba, and sponsor of the Design Indaba Expo Innovation Award.  The firm is also the 2014 winner of the Business Day Art South Africa “In-Kind” category.

Written by Tiffany Conley Senior Associate and Sajidha Gamieldien Partner, Adams & Adams