Last Updated: June, 5th , 2023
Preamble
We appreciate you using our service at trademarkregistrations.co.za (the “Site“). DT DU PREEZ ATTORNEYS INC. operates the site as an online platform that aims to establish a direct contact between its Legal Services in respect of Trade Mark filing at the South African Trade Marks Office and Applicants; and guides Applicants who seek to file Trade Mark applications in the South African jurisdiction.
Please carefully read the following Terms and Conditions as it governs the relationship between DT DU PREEZ ATTORNEYS INC., as the operator of the platform, and you as the Applicant.
Please note that the enlisted Terms are solely for DT DU PREEZ ATTORNEYS INC. Applicants for Trade Marks. If you are an attorney, trademark lawyer or any other type of legal advisor and wish to discuss working with us, please contact us at law@dtdp.co.za.
Term Definitions
Legal Service Provider is DT DU PREEZ ATTORNEYS INC.
Applicants are individuals, private business owners, and international business owner or individuals who register onto the Platform in order to use its legal services in respect of Trade Mark filing. Registration and platform usage require applicants to be 18 years of age or over, or in accordance with the legal age in the applicant’s jurisdiction.
Fees mean the costs and charges to be paid for a Service Provider’s service on batch basis.
In this Agreement, “we”, “us”, “our” and other similar references define DT DU PREEZ ATTORNEYS INC. and “you”, “your” define you as a specific Applicant.
Registration
Registration is free as an Applicant. With the submission of a truthfully completed registration form, an Applicant agreement is concluded. You agree to provide DT DU PREEZ ATTORNEYS INC. with accurate and complete information if you choose to register and create an account. It is your responsibility to make any necessary and updated changes to the information on your DT DU PREEZ ATTORNEYS INC. account.
Service Process
2.1. DT DU PREEZ ATTORNEYS INC. acts only as a service for the provision of the online platform and does not provide legal services of any nature whatsoever, unless the review option is also selected during the course of information submission by the Applicant. Services are not provided by DT DU PREEZ ATTORNEYS INC. if the review option is not selected and the Trade Mark application is merely filed at the South African Trade Mark Office in line with the details provided on the online platform by the applicant. Our offered package of additional review will ensure every piece of detail submitted by the Applicant on the platform is accurate and processable for filing with the RSA Trade Marks Office. Additional Advocacy, Trade Mark Availability Search Report; Advisory and Consultation, Case Review and Translation Services are optional extras which are separately billable should it be required by the Applicant. On the platform, the Applicant can describe his or her proposed mark(s) and details and independently decide upon the legal advice or review if he or she prefers to accept. Such details may include personal information and other confidential details about a potential Trade Mark case. In providing these details, you agree to give permission to DT DU PREEZ ATTORNEYS INC. in sharing the details with DT DU PREEZ ATTORNEYS INC.’s Legal Service Providers in order to identify the enquiry and the applicant solely the purposes of filing a Trade Mark application in South Africa.
2.2. DT DU PREEZ ATTORNEYS INC. does not guarantee any acceptance and consequent registration by the South African Trade Marks Office of an application for registration of a Trade Mark by the applicant. Each application will have to meet the requirements for registrability as set out in the South African Trade Marks Act and as summarised below:
For a trade mark to be registrable in South Africa, the trade mark must be capable of distinguishing the goods and/or services to which the trade mark is applied, from competing goods and/or services in the trade. To do so, a trade mark must either be inherently distinctive (e.g. invented word or originally designed logo) or have become distinguishable through use;
not conflict with existing trade marks on the South African Trade Marks Register; and
not consist exclusively of “forbidden elements”, such as geographic indications, names of people, laudatory terms (e.g. best, excellent, fantastic), or words / phrases that are purely descriptive or are reasonably required for use by competitors in the particular trade. Such prohibitions apply to words in any language.
Upon acceptance of an offer, a contract is concluded between the Applicant and the Service Provider to merely lodge an application for a Trade Mark with the Applicant details as provided, unless the review option is selected.
2.3 The optionally selectable Review Service in which the Applicant can request for their case to be discussed in detail through chat, call, or email with the Service Provider, is available. This option is linked to a nominal additional charge as indicated on the platform and will require more in-depth information and detail relevant to the service request in order for to provide a customized and best-fit guidance in filing the proposed Trade Mark application(s).
Fees and Payment
3.1. After providing the relevant information and selecting relevant Trade Mark classes and accepting a service offer, the Applicant shall pay the fee required by the Legal Service Provider via bank transfer, credit card, or debit card in South African Rand. Upon payment, your contact details will be released to the Legal Service Provider.
3.2. DT DU PREEZ ATTORNEYS INC. ensures, with full liability, that submitted fees will be utilized to apply for and pay for an application for a Trade Mark at the South African Trade Marks Office. No transaction will be processed if the payment is not complete. If the Legal Service Provider refuses to the agreed service explicitly or impliedly, you will be reimbursed for the pre-paid fee. This policy is on the presumption that you have requested a refund within a two-week period and only in cause of a dispute or conflict within the specified and stated period. This policy is not applicable to certain situations, services, or contracts, that require a delivery on an expedite notice or prior to the two-week period (such as translation services, availability searches, expedite dispute resolution, advisory, or advocacy), or unless otherwise agreed upon between the Applicant and Legal Service Provider. It is the Applicant’s sole responsibility to understand to comply with these notices and policies.
Rights and obligations
4.1. Applicants
4.1.1. You are required to provide complete and accurate information and you shall not initiate quote requests for any case that is illegal or unlawful.
4.1.2. You agree not to use DT DU PREEZ ATTORNEYS INC. in any unlawful manner and in particular shall not:
Request for a quote or review for any information that infringes any patent, trademark, copyright, trade secret, intellectual property rights, or proprietary rights of any person or that is in breach of any legal obligation owed to any other party;
Submit any corrupted files, virus infected files, or any other item that may damage the operations of a computer or an electronic device;
Cause the DT DU PREEZ ATTORNEYS INC. Platform to be interrupted, damaged, rendered less efficient, or such that the effectiveness or functionality of the DT DU PREEZ ATTORNEYS INC. Platform is in any way impaired;
Moreover, Applicants agree not to copy, reproduce, modify, create derivative works, distribute, or publicly display any DT DU PREEZ ATTORNEYS INC. content without prior written approval.
4.2. DT DU PREEZ ATTORNEYS INC.
4.2.1. DT DU PREEZ ATTORNEYS INC. is entitled to immediately exclude registered Applicants from participating in the platform or to terminate their participation if the Applicant violates essential platform obligations.
4.2.2. DT DU PREEZ ATTORNEYS INC. is entitled to block access to individual content or to delete content if a reasonable suspicion of misuse or usage in violation of the terms and conditions arises.
4.2.3. DT DU PREEZ ATTORNEYS INC. is liable for intentional or grossly negligent duty breaches without limitation. Slight negligence occurs only in the case of essential contractual breach obligations in a manner endangering the purpose of the contract.
Warranty and liability
5.1. DT DU PREEZ ATTORNEYS INC. is a platform that allows Applicants for South African Trade Marks to complete, with the assistance of online platform guidance, but in the applicants’ own discretion the application process leading to a trade mark registration. Hence, DT DU PREEZ ATTORNEYS INC. is expressly not liable for errors or missed spelling or incorrect selections on the platform if the review option is not selected.
5.2. Whilst precautions are taken to detect computer viruses and ensure security, we cannot guarantee that our Platform is completely secure and virus-free. DT DU PREEZ ATTORNEYS INC. shall not be liable for any loss or damage which may occur as a result of any virus or breach of security. Due to the nature of the Internet and its involved technology, we take no responsibility and will not be liable for the Site’s temporarily unavailability due to technical issues or ones beyond our control.
5.3. In the event that a dispute arises with a Legal Service Provider, you release us from any and all claims, demands, and damages of any kind arising out or in any way connected to such disputes by using the DT DU PREEZ ATTORNEYS INC. Platform.
Confidentiality
Confidential Information refers to all information, written or oral and in any medium, that relates to the business, products, financial and management affairs, customers, employees or authorized agents, plans, proposals, strategies, or trade secrets disclosed by the Applicant to DT DU PREEZ ATTORNEYS INC.
6.1. We are committed to keeping your information secure and in accordance with the Protection of Personal Information Act 4 of 2013 (POPIA). We take all reasonable steps to ensure that our employees will not, use, copy, or disclose any Confidential Information, except on the occasion to exercise rights or to carry out obligations under this Agreement. DT DU PREEZ ATTORNEYS INC. ensures that your information will not be disclosed to government institutions or authorities except if required by law or upon request by regulatory bodies or law enforcement organizations.
6.2. The Applicant understands and acknowledges that in the case of the release, recirculation, and reuse of any of the DT DU PREEZ ATTORNEYS INC. confidential material and content will be immediately stated and informed to our team by email at law@dtdp.co.za
Unlawful Activity
As a condition of platform usage, you assure DT DU PREEZ ATTORNEYS INC. that you will not use this platform for any purpose that is unlawful or prohibited by these provided terms, conditions, and notices. We will take any action deemed as appropriate, including, without limitation, the reporting of any suspected unlawful activity to law enforcement officials or relevant third parties, and the disclosing of any information necessary or appropriate to such individuals relating to user profiles, e-mail addresses, or IP addresses. If you encounter any prohibited content, material, or potential violations on the platform or the services, you are obliged to immediately report the content or violation to at law@dtdp.co.za
Termination
Both the Applicant and DT DU PREEZ ATTORNEYS INC. are entitled to terminate the agreement at any time. Upon termination, the Applicant is obliged to save his or her DT DU PREEZ ATTORNEYS INC. stored data, and in particular the results of any legal services, provided that the service was provided via the online law firm of the platform. In the event of termination, you are no longer authorized to access or use the Platform and/or its Services.
Miscellaneous
9.1. Changes to this Agreement
DT DU PREEZ ATTORNEYS INC., subject to technical, legal or business considerations, reserves the right to improve, alter or modify these terms and conditions at any time.
9.2. Consent to Electronic Communications
DT DU PREEZ ATTORNEYS INC. will generally communicate with Applicants by electronic means, such as e-mail. You agree that all agreements, notices, disclosures and other communications that we electronically provide satisfy any legal requirement that such communications be in writing.
The Terms constitute the entire agreement as to your usage and our provision of DT DU PREEZ ATTORNEYS INC., and supersedes and extinguishes all previous communications, representations (other than fraudulent misrepresentations), and arrangements, whether written or oral.
9.3. Applicable law and Dispute Resolution System
This contract and any conduct of the parties within the platform is governed by the applicable laws of South Africa. Primarily, any dispute between the parties shall be settled by mediation and secondarily, arbitration under South African legislation. Any form of interpretation of this contract is in accordance with the above-mentioned laws.
Accepting Client Cases
After an initial completion of applicant details on the platform, if the Review option was selected by the Applicant on the platform, communication by DT DU PREEZ ATTORNEYS INC’s staff with the Applicant and a 30-minute consultation through DT DU PREEZ ATTORNEYS INC.’s platform, email or telephone, we ask that you either: a) accept the proposal after the review through the site or email and inform us if there is a need for additional client information; or decline the case and indicate your justification. Upon a Review acceptance, a binding legal agreement is concluded which obliges the lawyer to provide the requested services to the applicant.
Client Response Requests
The most common complaint that clients have about their lawyers is their lack of communication. We are proud to have built a reputation for client responsiveness with high priority. We ask all our lawyers to respond to client requests, in various different means, at the earliest possible convenience.
Inquiries from us
Any inquiry from us, with respect to the items listed above, must be provided with a response within the next two working days.
Profile
You are solely responsible for any misstatement and misrepresentation published on your profile on the platform, including but not limited to, the timeliness and accuracy of the information.
Lawyer-Client Privilege and Privacy
Please note that all communications occurring through our website are covered by our privacy policy in accordance with the POPIA and any subsequent applicable regulation.
Confidentiality
Our lawyers shall preserve the confidentiality of any acquired information from a client or while rendering legal assistance, particularly during representation or defense. As a lawyer must consciously and individually determine that which the client needs to be preserved as a secret. DT DU PREEZ ATTORNEYS INC. lawyers shall at all times maintain and offer confidentiality protection in regards to the affairs of current or former clients, unless otherwise allowed or required by law and/or applicable rules of professional conduct. The obligation of client-lawyer confidentiality shall accordingly be applied to other lawyers and employees that work in the same law office. Our lawyers undertake to comply with all applicable data protection laws including the POPIA in regards to personal data retrieval.