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MTHEMBU & CO ATTORNEYS
Practice Area
Protecting trademarks, copyright, and proprietary business interests.
Intellectual property law protects the creations of the mind, inventions, designs, trademarks, literary and artistic works, and other forms of creative and commercial output. In a competitive market, your intellectual property may be among your most valuable assets.
P A Mthembu Attorneys advises clients on the protection and enforcement of intellectual property rights under South African law, including the Trade Marks Act 194 of 1993, the Copyright Act 98 of 1978, and the Patents Act 57 of 1978. The firm assists with trademark registration, copyright protection strategies, and enforcement action against infringers.
The firm also advises on matters relating to unlawful competition, passing off, and the protection of confidential information and trade secrets. In the digital age, issues of online brand protection and domain name disputes have become increasingly relevant, and the firm is equipped to assist with these matters.
Do I need to register my trademark?
While common law does provide some protection to unregistered trademarks, registration under the Trade Marks Act provides significantly stronger protection and makes enforcement simpler. Registration gives you the exclusive right to use the mark in relation to the goods or services for which it is registered.
What is the difference between a trademark and copyright?
A trademark protects a brand identifier such as a name, logo, or slogan which is used in trade. Copyright protects original creative works such as literary, musical, artistic, and cinematographic works. They protect different things and are governed by different legislation.
What should I do if someone is using my brand?
Contact the firm immediately. We can assess whether your rights are being infringed and take appropriate action, which may include sending a cease and desist letter, initiating infringement proceedings, or pursuing urgent interdictory relief.
Whether you need representation or want to understand your options, get in touch.
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