Archive | Trademarks

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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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IMPRA accredited as “representative collecting society”

October 14, 2015

It has come to my attention that the Companies and Intellectual Property Commission (CIPC) has issued notice GN680 (GG39066-7-8-2015, dated 15 July 2015) in which it gives accreditation to the Independent Music Performance Rights Association (IMPRA) as a “representative collecting society” in terms of Regulation 3(1), (2) and (7) of the Regulations on Collecting Societies. […]

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Trade Marks – the certificate doesn’t signify the end of the process

May 3, 2015

So, you’ve filed your trade mark application; the Registrar has examined and approved your trade mark; you’ve advertised your trade mark and within the three-month window period, no-one has opposed your trade mark and you’ve obtained your certificate of registration- what then? Many trade mark owners believe that once they have prosecuted their trade mark to […]

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GOOGLE ADWORDS – AN EVEN CLEARER PICTURE

February 23, 2015

BACKGROUND AND INTRODUCTION   On 29 October 2014, the Gauteng Local Division, Johannesburg handed down its judgment in the case of Cochrane Steel Products (Pty) Ltd v M-Systems Group (Pty) Ltd and Another (Case number 39605/13). Essentially this case dealt with the bidding on keywords (relative to Google advertising) which are the trade mark of […]

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