Solution provided by Spoor & Fisher
Intellectual property (IP) is a key asset of any business, especially so in the case of a start-up. If you are a new business in South Africa, it is likely that you have created IP worthy of protection. The ideas that lie at the heart of your business are the product of your inventiveness and innovation and it is essential that your IP is protected right from the start. You must also be in a position to extract the maximum possible commercial benefit from your IP.
The inventiveness, entrepreneurship and courage required to bring a new idea to market and the challenges faced in doing so. The Start-up Support Package is available to local South Africa-based new businesses to establish a sound foundation and a protected identity in the eyes of the law and the world of commerce.
What does the package include?
- A free one-hour consultation at one of our offices in South Africa.
- A trade mark clearance search and filing of one trade mark application for a single category of goods or services.
- Registration of a single Internet domain name (.co.za or .com)
- Company name reservation and registration of a standard company. The private company will be registered with a standard company constitution (Memorandum of Incorporation). This type of Memorandum of Incorporation is used by “owner managed companies” where the shareholder(s) and the director(s) is (are) one and the same person(s). By adopting the standard Memorandum of Incorporation, the directors’ powers are not limited and the company elects not to appoint an auditor or to have the financial statements of the company audited. Once the company is registered, we will send you the following “after incorporation documents”:
a. Inaugural minutes;
b. First share certificate(s);
c. Electronic Company Register.
What is not included?
- If a risk of infringement is identified in the trade mark search, we will advise on how to limit the risk. Alternatively, if your trade mark is not available for use and registration, it will be necessary to choose a new name. If required, Spoor & Fisher will assist you with a new search at rates aligned with our existing new business initiatives. This will entail additional costs.
- The package does not apply to trade mark examination requirements that need a response, registration costs, objections and maintenance of trade marks. Examination costs will usually be incurred approximately 12-15 months after your trade mark application has been filed. Spoor & Fisher will advise you through the trade mark registration process in a cost effective manner.
- If you decide to make any changes to the company name, provisions in the Memorandum of Incorporation or require a Shareholders’ Agreement, these may be carried out and recorded at the CIPC after the incorporation of the standard private company. Spoor & Fisher’s standard charges will be negotiated and applied for these changes or additional requirements.
Please contact us for a quote and further information on the Start-up Package.
Terms & Conditions
- The Spoor & Fisher Start-up Package is available to South African start-ups and Small, Medium and Micro-sized Enterprises (SMMEs) as defined by the National Small Business Act, Act No. 102 of 1996, that are in the first phase of business development.
- Protection is applicable to South Africa only. While Spoor & Fisher is able to assist with obtaining protection in other countries, our standard charges will apply.
- In line with our new client practice, a trust deposit of at least 50% will be required before we commence work but only after the free one-hour consultation.
- Once the IP package protection has been applied for at the relevant authorities, Spoor & Fisher’s standard charges will be negotiated and applied.
- Clients must comply with Financial Intelligence Centre Act (FICA) (No. 38 of 2001) requirements. Spoor & Fisher must establish and verify the identity of our clients before establishing a business relationship or concluding a transaction with them, maintain records of transactions conducted with our clients, and in certain circumstances establish and verify additional information. Clients will therefore be requested to provide us with all such information and supporting documentation as we may be obliged to obtain from them in terms of FICA.
- Please note that this is a set package and should you not require all forms of protection included in the package, do not hesitate to contact us for the specific service you require.