Smit & Van Wyk

Smit & Van Wyk Intellectual Property Firm - Patents, Industrial Designs, Trade Marks, Franchising and Copyright.

Patents, Industrial Designs, Trade Marks, Franchising and Copyright.

You’ve chosen a business name, designed the logo and you’re ready to launch.But what if someone else already registered ...
01/09/2026

You’ve chosen a business name, designed the logo and you’re ready to launch.

But what if someone else already registered or applied for a similar trade mark?

Conducting a trade mark search before launch can help identify potential conflicts and reduce the risk of infringement.

It can also help you avoid costly rebranding after you have already invested in your website, packaging, marketing and other business assets.

Your business name is an asset, so make sure you check whether someone else got there first.

Search first. Launch second.

Today, GPS is part of everyday life. We use it to find directions, track locations, manage logistics, support emergency ...
24/08/2026

Today, GPS is part of everyday life. We use it to find directions, track locations, manage logistics, support emergency services and navigate across the world.

But technologies that change how we live often start with an idea that needs protection.

The navigation concept behind GPS was patented in 1962, helping pave the way for a technology that would go on to shape transportation, aviation, logistics, travel and location-based services.

It’s a reminder that intellectual property can turn an idea into something that changes the world.

💡 Have an idea? Protect it before someone else gets there first.

Behind every tread pattern is a significant investment in research, engineering, and innovation. Tyre manufacturers care...
27/07/2026

Behind every tread pattern is a significant investment in research, engineering, and innovation. Tyre manufacturers carefully design tread layouts to improve grip, channel water away from the road surface, reduce noise, increase durability, and enhance overall performance.

In South Africa, the visual appearance of a tread pattern may qualify for registration as an aesthetic design if its features are judged solely by the eye.

Features of a tread pattern that are dictated by the tyre's function may qualify for protection as a functional design, while distinctive branding elements associated with a tyre can be protected through trade mark law.

This means a tyre tread is often far more than a pattern in the rubber. It can represent years of engineering, product development, and intellectual property protection working together to create a competitive advantage.

23/07/2026

We're proud to share that Smit & Van Wyk has been recognised in the IP STARS 2026 South Africa rankings.

Our firm has been ranked:
Patent Prosecution (2026) • Tier 3
Trade Mark Prosecution (2026) • Tier 2

We're also celebrating the recognition of our talented team members:

⭐ Rogan Bruce • Rising Star
⭐ Chantal Hoffelner • Notable Practitioner
⭐ Esmari Jonker • Notable Practitioner
⭐ Neil Stapelberg • Rising Star
⭐ Wessel van Wyk • Patent Star

These rankings recognise the knowledge, commitment, and hard work of our team in helping clients protect their ideas, innovations, and brands.

Thank you to our clients and colleagues for your continued trust and support. Here's to another year of turning bright ideas into protected assets.

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Back in 2003, an inventor secured U.S. Patent 6,637,447 for the Beerbrella, a miniature umbrella that clips onto a can o...
13/07/2026

Back in 2003, an inventor secured U.S. Patent 6,637,447 for the Beerbrella, a miniature umbrella that clips onto a can or bottle to help keep drinks cooler by blocking direct sunlight. A simple idea, but one that solved a real problem for beachgoers, picnic lovers, and outdoor event enthusiasts.

The Beerbrella is a reminder that intellectual property is not only about ground breaking technology. It also protects creative solutions to everyday challenges.

While the original patent has since expired, the idea lives on through similar products still available today.

At Smit & van Wyk we are committed to provide specialist legal advice in franchising and intellectual property law. We v...
01/07/2026

At Smit & van Wyk we are committed to provide specialist legal advice in franchising and intellectual property law.

We value opportunities to engage with industry leaders, exchange international perspectives, and contribute to the ongoing development of best practice within the franchise sector.

Thank you to the Franchise Association of New Zealand (FANZ) who made their 2026 Legal Symposium a valuable and insightful experience.

This week, Esmari Jonker, head of the franchise division at Smit & van Wyk Inc had the privilege of attending the Franch...
25/06/2026

This week, Esmari Jonker, head of the franchise division at Smit & van Wyk Inc had the privilege of attending the Franchise Association of New Zealand (FANZ) Legal Symposium in Wellington, NZ.

It was an outstanding event that brought together leading legal practitioners and franchise industry professionals to discuss the latest legal and commercial developments shaping the franchising landscape.

Shweshwe is not just fabric, it is also a legal story stitched into cotton. 👗 This traditional South African printed tex...
17/06/2026

Shweshwe is not just fabric, it is also a legal story stitched into cotton. 👗 This traditional South African printed textile, known for its geometric patterns and deep cultural roots, is protected under trade mark law.

The name “Shweshwe” and key branding elements are registered, meaning only approved producers can use them in connection with genuine goods.

The best known version is the “Three Cats” range produced by Da Gama Textiles, with manufacturing based in the Eastern Cape. The trade mark rights for this range were acquired in 1992, helping secure the identity of the fabric in the market.

Trade mark protection ensures that imitation products cannot be sold as authentic Shweshwe. In South Africa, these rights are recorded through the Companies and Intellectual Property Commission (CIPC), which manages the national trade mark register.

How to spot the real deal:

➡ A trade mark stamp or logo on the reverse side
➡ “Three Cats” branding
➡ A distinct crisp texture before washing
➡ Traditional 90 cm fabric width

Shweshwe shows how law quietly keeps tradition in place, one pattern at a time.

Image source: metrolifestyle.co.za

Before bins rolled onto streets in neat little routines, waste collection was a far messier game.Then in the 1930s, Geor...
02/06/2026

Before bins rolled onto streets in neat little routines, waste collection was a far messier game.

Then in the 1930s, George Dempster stepped in with a rethink that stuck. He introduced the Dempster-Dumpster system, bringing in standard metal containers designed to be lifted, emptied, and moved mechanically by purpose-built trucks.

The word “Dumpster” came from his name and the system design, and it quickly became part of everyday language.

That shift changed how cities handle refuse:

➡ Standard containers replaced loose handling
➡ Mechanical lifting reduced manual work
➡ Collection became structured and repeatable
➡ Urban sanitation systems became easier to manage

It also shows something important about innovation: once a system works, it often gets copied, adapted, and regulated over time. Inventions like this sit at the intersection of engineering, branding, and legal protection, where ideas become part of everyday infrastructure.

From a simple container to a global system, sometimes the biggest changes are the ones people stop noticing because they just work.

Image source: www.classicrefusetrucks.com

Esmari Jonker, franchise attorney at Smit & van Wyk Inc, will be joining leading franchise attorneys from around the wor...
20/05/2026

Esmari Jonker, franchise attorney at Smit & van Wyk Inc, will be joining leading franchise attorneys from around the world at the IBA/IFA Joint Conference in Washington, DC, USA.

The conference brings together international legal professionals to engage on key developments and emerging issues in international franchising.

Esmari will moderate a workshop on how to protect franchise networks against cybercrimes.

Address

Sanlynn Office Park, East Block, 2nd Floor
Pretoria
0081

Opening Hours

Monday 08:00 - 16:30
Tuesday 08:00 - 16:30
Wednesday 08:00 - 16:30
Thursday 08:00 - 16:30
Friday 08:00 - 16:30

Telephone

+27123497800

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