Trademark design, registration, and domain ownership services.

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Targot Enterprises®, apart from its normal business, has identified a market for individuals, enterprises or corporations wishing to either develop from the ground up or diversify their current strategies in the form of a trademarked entity. As a result, we have a limited offering to assist or support these individuals or organisations, which we hope will be sufficient to their needs.

 

Targot is registering trademarks in certain sectors, in line with the Nice Agreement/Convention, where such trademarks are readymade and established, including the critical domain ownership linked to the mark/brand/entity.

 

The benefits associated with this process are clear:

 

· The trademark has been applied for and approved (or depending on the situation prevailing, is subject to approval, yet applied for and in process in terms of search and registration applications).

· All fees have been paid.

· Domain registration has been secured on a .co.za registry.

· Branding and design have been established and form part of the trademark.

· The 12 month, plus, waiting period for approval of the mark has been saved as has the risk inherent (and associated costs) in challenge to the mark and branding (logo).

 

The disadvantage of this system are likewise evident:

 

· Branding and design are predetermined and not open to alteration by the “purchaser” in light of their being fundamental to the mark.

 

Any organisation starting off may do so in the form of a sole trader, c.c. or Pty (Ltd). There is however a risk when starting such an organisation or enterprises that the name or brand is already taken. This might be identified early or after a substantial sum has already been invested and committed.

 

There may also be a conflict in the desired branding of the organisation with branding that is already established or trademarked. Further, after all the work has been done, trademark secured and branding established, the domain relating to the trademark or brand might be in use, and this would pose a serious problem in linking an identity and information with the brand. It is unlikely that a new brand can contest the use of a domain name if the domain has been in use prior to the application for trademark, even if the trademark application process did not detect this “anomaly” in the first place.

 

Targot goes about assessing a name based on what the name might represent visually and intellectually. We then design a logo, or brand, that is aligned to the name in a fairly complex manner, all of which will be explained to the prospective new owner of the brand (the meaning and concept behind the mark).

 

Once this is done, the brand is then researched through .co.za domain hosting and if available, the domain is secured by Targot. Once the domain has been secured, the trademark application is initiated.

 

The “cart and horse” aspect of any trademark application needs to be understood. If a brand and trademark are applied for and are successful and the domain secured, then competing organisations will struggle to be successful in any application for a c.c. or Pty (Ltd) and will in all likelihood fail. Whereas if one has the c.c. or PTY (Ltd) already established, the brand might already be “possessed” or owned by another party, notwithstanding the domain rights.

 

Targot offers prospective owners the security of a registered entity that is beyond extra costs or subject to the risk of failing to be registered. Not only does a prospective owner secure a guaranteed mark, but a guaranteed brand (which hopefully aligns with brand perception and strategy) as well as a secured domain to which the brand is linked. All of this brings both security and peace of mind as a fait accompli, with risks and extra costs averted as well as a 12 month waiting period reduced to no time at all.

 

Currently, applications are in for 4 trademarks in the following sectors:

 

CLASS 9 (one application)

 

Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire-extinguishing apparatus.

 

Explanatory Note:

 

This Class includes, in particular:

 

Apparatus and instruments for scientific research in laboratories; apparatus and instruments for controlling ships, such as apparatus and instruments for measuring and for transmitting orders; the following electrical apparatus and instruments:

Certain electrothermic tools and apparatus, such as electric soldering irons, electric flat irons which, if they were not electric, would belong to Class 8; apparatus and devices which, if not electrical, would be listed in various classes, i.e., electrically heated clothing, cigar-lighters for automobiles; protractors; punched card office machines; amusement apparatus adapted for use with an external display screen or monitor; all computer programs and software regardless of recording media or means of dissemination, that is, software recorded on magnetic media or downloaded from a remote computer network.

 

This Class does not include, in particular:

 

The following electrical apparatus and instruments: Electromechanical apparatus for the kitchen (grinders and mixers for foodstuffs, fruit presses, electrical coffee mills, etc.), and certain other apparatus and instruments driven by an electrical motor, all coming under Class 7; electric razors and clippers (hand instruments) (Cl. 8); electric toothbrushes and combs (Cl. 21); electrical apparatus for space heating or for the heating of liquids, for cooking, ventilating, etc. (Cl. 11); clocks and watches and other chronometric instruments (Cl. 14); control clocks (Cl. 14).

 

 

CLASS 35 (two applications)

 

Advertising; business management; business administration; office functions.

 

Explanatory Note:

 

Class 35 includes mainly services rendered by persons or organizations principally with the object of:

Help in the working or management of a commercial undertaking, or help in the management of the business affairs or commercial functions of an industrial or commercial enterprise, as well as services rendered by advertising establishments primarily undertaking communications to the public, declarations or announcements by all means of diffusion and concerning all kinds of goods or services.

 

This Class includes, in particular:

 

The bringing together, for the benefit of others, of a variety of goods (excluding the transport thereof), enabling customers to conveniently view and purchase those goods; such services may be provided by retail stores, wholesale outlets, through mail order catalogues or by means of electronic media, for example, through web sites or television shopping programmes; services consisting of the registration, transcription, composition, compilation or systematization of written communications and registrations, and also the compilation of mathematical or statistical data; services of advertising agencies and services such as the distribution of prospectuses, directly or through the post, or the distribution of samples. This Class may refer to advertising in connection with other services, such as those concerning bank loans or advertising by radio.

 

This Class does not include, in particular:

 

Services such as evaluations and reports of engineers which do not directly refer to the working or management of affairs in a commercial or industrial enterprise (consult the Alphabetical List of Services).

 

 

CLASS 41 (one application)

 

Education; providing of training; entertainment; sporting and cultural activities.

 

Explanatory Note:

 

Class 41 covers mainly services rendered by persons or institutions in the development of the mental faculties of persons or animals, as well as services intended to entertain or to engage the attention.

 

This Class includes, in particular:

 

Services consisting of all forms of education of persons or training of animals; services having the basic aim of the entertainment, amusement or recreation of people; presentation of works of visual art or literature to the public for cultural or educational purposes.