Trademarks - need some help!

Discussion in 'Legal Issues' started by pcbro34, May 21, 2012.

  1. #1
    Hi

    I really need some advice from someone because I am unsure about this trademark thing.

    I have made a piece of software with a name that I don't want to give away but want to know about the implications of not registering a trademark on the name of the software.

    I currently reside in South Africa but I mostly sell to people all over the world including USA, CA & UK.

    What is the most reputable place to apply for a trademark & does it make a difference if I apply locally or what?

    Just want to protect myself.

    Any feedback is greatly apprecited.
     
    pcbro34, May 21, 2012 IP
  2. Dave Zan

    Dave Zan Well-Known Member

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    #2
    Generally trademarks are "jurisdictional", meaning they only apply in the jurisdiction
    they're being used as trademarks in. Practically you start with your location, then
    you try to work your way through.

    Thus, you file for one in South Africa. If/When you grow big enough, you file under
    the Madrid Protocol.
     
    Dave Zan, May 23, 2012 IP
  3. masm50

    masm50 Well-Known Member

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    #3
    As Dave said, trade marks are jurisdictional and the UK, US, and Canada all have separate systems.

    You can apply for a Europe-wide trade mark called a "Community Trade Mark" (CTM) though, which might be more useful than just a UK one - but it is obviously more expensive.

    The Madrid Protocol is a framework for gaining a trade marks in multiple locations, making it easier to apply in multiple countries - but you do still have to pay to register the mark in each country individually.
     
    masm50, May 25, 2012 IP
  4. vbulletinuser

    vbulletinuser Peon

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    #4
    Copyright is the right term to use when dealing with software. Trademark is territorial as stated above and cannot be globally enforceable, unless you do it in every international trademark office.
     
    vbulletinuser, Jun 26, 2012 IP