BrandLaw | The Art of Law

Check out our articles on all things brands, business, trademarks intellectual property and law.


The Liability of Retail Platforms for Counterfeit Goods in South Africa: Navigating the Legal Landscape

In an era where online marketplaces dominate the retail sector, the issue of counterfeit goods has never been more pressing. Retail platforms, particularly those allowing independent third-party sellers, find themselves at the crossroads of innovation, commerce, and legal compliance. The question of liability for counterfeit goods sold on these platforms is complex and multifaceted. This … Read more

A CIPC Company Name Search Does NOT Clear Your Brand and Trademark for Use

Does a company name give you rights to your brand? No. Most people, even lawyers, get this wrong.  A registered company name does not provide exclusivity to a name, nor necessarily the rights to actually use it. Only trademark rights can provide rights to a name. Is there any value to searching the CIPC company … Read more

South Africa seeks to Regulate Online Platforms against major players like Apple, Google

In 2022, the Competition Commission of South Africa detailed plans to regulate the digital space. It focused on online platforms in eCommerce, app stores, travel and accommodation, food delivery, and online classified ads, and aimed to address competition issues among platforms and between businesses using them. The targets are “leading platforms,” including well-known names like … Read more

Maximizing your IP’s potential: Benefits of holding IP Outside of South Africa

If you plan on going international with your intellectual property (IP) and capitalizing on your IP’s value, it is important to think about where you will create and hold your IP. South Africa’s exchange control regime can present significant challenges for those looking to sell or commercially exploit IP internationally. By creating and holding IP … Read more

Brand Search: 5 Steps Before using a Brand Name

A good brand is crucial to your success. With 81% of common words already registered as trademarks, finding a unique and available brand name for your business can be a challenge. Much of your potential success hinges on the choices that you make at the early stages of your business. Your brand becomes the store … Read more

12 Reasons to Register Your Trademark

When it comes to creating a successful brand, finding a unique and available name is crucial. 81% of common words are already registered as trademarks, making it a challenge to stand out in the market. It’s important to carefully consider your options and take steps to protect your brand, including searching for available domain names and checking the trademark register to avoid infringing on existing trademarks. With the right branding strategy, you can set your business up for success.