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Can you register a trade mark for the smell of a hamburger?

March 15, 2017

The registrability of “non-traditional” trade marks Trade marks are badges of origin, showing consumers a link between the goods being sold and/or services being provided and their owners. In South African law, trade marks can be separated into two distinct categories: “traditional” and “non-traditional”. This article looks at how the latter can be protected. First, […]

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Third Man Records will be opening modern vinyl pressing plant

January 23, 2017

In an article written by Daniel Adrian Sanchez for Digital Music News (http://www.digitalmusicnews.com/2017/01/20/jack-white-third-man-records-vinyl-press/), it appears that indeed vinyl is making a huge comeback; at least Jack White, formally of the White Stripes, is betting on. The Vinyl industry has seen 2017 sales hit US$800-900 million – not bad for what was a dying medium not […]

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Finally, we can all eat of the “Happy birthday” cake

December 11, 2015

You may recall my article on the “Happy Birthday” song and its related law suit in the United States: http://www.rmtucker.co.za/happy-birthday-to-all-of-us-rights-in-happy-birthday-song-decided-in-the-usa/ It appears that as of 9 December 2015 (or there abouts), the law suit seems to have been settled. The settlement may have been prompted by the judgment I refer to in my article above, wherein […]

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Recent Practice note update regarding logo and non-traditional marks

December 11, 2015

Just to let trade mark applicants know, the Trade Marks Office has, in a recent Practice Note, issued a restriction on the size of files (bytes) that may be lodged in support of logo/device/shape/non-traditional etc trade mark applications. Additionally, the e-filing system will only accept 1 page to support the application. That means that for […]

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