Q: My domain name and business / sole prop trading name is the same or similar enough so that means my intellectual property is secure right?

A: No. If your registered name, or own personal name (juristic entity) is the same as your trading name, and this is reflected consistently in your brand portfolio and public relations. And you own enough of the ‘public domain’ to be able to prove unquestionably that you or your business is the owner of that intellectual property, then you may have secured an opportunity to trademark it and you are much less likely to be challenged in a domain or intellectual property dispute from around the world, depending on how and where you trade and have registered the legal entity name.

You can’t expect everyone to respect the rights of something they have never heard of before. Especially if the Intellectual Property Commission of South Africa themselves have no reservations, registrations, or applications in your name. If someone else successfully registers that business name and starts a domain dispute against you because of your trading name, well it just probably won’t work in your favour. Domain dispute legal costs general start from R26,000 and are best avoided where possible. That’s where we help, ideally proactively during start-up and incubation rather than after a court order has been served due to ongoing negligence which will require an attorney instead.

Our recommended contact for legal assistance in this regard: https://waldeckattorneys.co.za