HAHN & HAHN INTELLECTUAL PROPERTY PRACTITIONERS

Legal Policies

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Website Terms & Conditions


  1. Restrictions
    1. Our website may be used only for lawful purposes. The use of this website is subject to the laws of the user’s residing country.
    2. Transmission, distribution or storage of any material on or through our website or related web services in violation of any applicable law or regulation is prohibited.
    3. You may not violate intellectual property rights, copyrights, patents, trademarks, service marks, trade name or trade secrets.  
    4. You may not misrepresent yourself, your affiliation with any third party or your entity.
    5. Any misuse of our website's resources that disrupts the normal use of the system is strictly prohibited.  You will also be held responsible and liable for any and all damages that result from such abuse. Examples of such abuse include but are not limited to, employing applications that consume excessive CPU time or memory for long periods of time, spawning many processes that consume resources etc.  Any attempts to penetrate our security by password filtering, mining hacking etc. will result in prosecution and the subsequent notification of the appropriate law enforcement and government agencies. 
    6. You may NOT link directly to any graphics or part of our website without consent.  See our Linking Policy.

  2. Company Rights
    1. We and/or respective licensees own all right, title, and interest in:
      1. All content, including but not limited to text, software, music, sound, photographs, video, graphics, or other material contained or maintained on this website (collectively "Website Content"), excluding all user information. 
      2. Except as expressly authorized by us, all the Website Content available on our website may be used by you only for your internal business and data-gathering purposes. You may make copies of selected portions of the Website Content, provided that such copies are made only for your internal use and only if you maintain any proprietary notices contained therein.
      3. All brands and names (including third-party product names) used on our website remain the property of their respective owners.

Disclaimers


  1. The information contained on our website has been furnished by professionals and although all effort was made to ensure the accuracy of the information, no guarantee is given in that regard.  
  2. Hahn & Hahn, its employees, subsidiaries or agents will not be held responsible for inaccurate disclosures, typographical errors, misinformation, misprints, any reliance placed on the information contained within this website or any loss, damage, liability, cost or expenses incurred or suffered as a result thereof, whether direct or consequential.
  3. All information and rates on this website are subject to change without notice

All company e-mail and the contents therein are confidential and privileged information intended for the sole use of the addressee(s) and may be subject to copyright. Unauthorized access, use, distribution, dissemination, copying or disclosure of information contained therein is forbidden. If you have received an e-mail communication in error, please forward it to [email protected] and destroy all copies of the original message.

We do not guarantee e-mail to be secure, error-free, untampered, uncorrupted, created or originated from unauthorized persons/sources or virus-free. Information could be intercepted, corrupted, amended, lost, destroyed, arrive late or incomplete. We shall not be held responsible for any loss, liability, damage (direct or indirect) and/or any expense that may arise as a result of the use of e-mail by you or any third party.

Opinions, conclusions and other information contained in company email, including any attachments or links which do not relate to the official business conducted by the company are not necessarily given, supported or endorsed by it.

We maintain a strict anti-spam policy. If e-mail was received as a result of spamming or phishing, please direct complaints to [email protected]


Privacy Policy


Your privacy is critically important to us.

It is our policy to respect your privacy regarding any information we may collect while operating our website and are committed to protecting personally identifiable information you may provide us through the website. This privacy policy ("Privacy Policy") explains what information may be collected on our website, how we use this information, and under what circumstances we may disclose the information to third parties. This Privacy Policy applies only to information we collect through the website and does not apply to our collection of information from other sources.

This Privacy Policy, together with the Website Terms and Conditions posted on our website, set forth the general rules and policies governing your use of our website. Depending on your activities when visiting our website, you may be required to agree to additional terms and conditions.

Website Visitors

Like most website operators, we collect non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. The purpose of collecting non-personally identifying information is to better understand how visitors use our website. From time to time, we may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.

We also collect potentially personally-identifying information like Internet Protocol (IP) addresses for users. We only disclose IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below.

Gathering of Personally-Identifying Information

Certain visitors to our website choose to interact with us in ways that require us to gather personally-identifying information. The amount and type of information that we gather depend on the nature of the interaction. For example, we ask visitors who submit the contact form on our website to provide a name, contact number and email address.

Security

The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.

Links To External Sites

Our website may contain links to external sites that are not operated by us. If you click on a third party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy and Terms and Conditions of every site you visit. We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites, products or services.

Aggregated Statistics

We may collect statistics about the behavior of visitors to our website. We may display this information publicly or provide it to others. However, we do not disclose your personally-identifying information.

We use third-party services to collect information of visitors to our website for statistical purposes so that we can understand how our website is used by visitors.  These services include but are not limited to Google Analytics and Google Adwords.

Cookies

To enrich and perfect your online experience, we use "Cookies", similar technologies and services provided by others to display personalized content, appropriate advertising and store your preferences on your computer.

A cookie is a string of information that a website stores on a visitor's computer, and that the visitor's browser provides to the website each time the visitor returns. Our website uses cookies to help us identify and track visitors, their usage of our website, and their website access preferences. Visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using our website, with the drawback that certain features of our website may not function properly without the aid of cookies.

By continuing to navigate our website without changing your cookie settings, you hereby acknowledge and agree to the use of cookies.

Privacy Policy Changes

Although most changes are likely to be minor, we may change our Privacy Policy from time to time, and in our sole discretion. We encourage visitors to frequently check this page for any changes to our Privacy Policy. Your continued use of this site after any change in this Privacy Policy will constitute your acceptance of such change.

POPIA & PAIA Manual


Linking Policy


Hyperlinking to our Content

1. The following organizations may link to our website without prior written approval:

  • Government agencies;
  • Search engines;
  • News organizations;
  • Online directory distributors when they list us in the directory may link to our website in the same manner as they hyperlink to the websites of other listed businesses; and
  • System-wide Accredited Businesses


2. These organizations may link to our home page, to publications or to other website information so long as the link: 

(a) is not in any way misleading; 

(b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and 

(c) fits within the context of the linking party's site.


3. We may consider and approve in our sole discretion other link requests from the following types of organizations:

  • commonly-known consumer and/or business information sources such as Chambers of Commerce;
  • community sites;
  • associations or other groups representing charities, including charity giving sites;
  • online directory distributors;
  • internet portals;
  • law and consulting firms whose primary clients are businesses; and
  • educational institutions and trade associations.


4. We will approve link requests from these organizations if we determine that: 

(a) the link would not reflect unfavorably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link); 

(b) the organization does not have an unsatisfactory record with us; 

(c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of ; and 

(d) where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization.


5. These organizations may link to our home page, to publications or to other website information so long as the link: 

(a) is not in any way misleading; 

(b) does not falsely imply sponsorship, endorsement or approval of the linking party and it products or services; and 

(c) fits within the context of the linking party's site.


6. If you are among the organizations listed in paragraph 2 above and are interested in linking to our website, you must notify us by sending an e-mail to [email protected]. Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our website, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.


7. Approved organizations may hyperlink to our website as follows:

  1. By use of our corporate name; or
  2. By use of the uniform resource locator (Web address) being linked to; or
  3. By use of any other description of our website or material being linked to that makes sense within the context and format of content on the linking party's site.
  4. No use of our logo or other artwork will be allowed for linking absent a trademark license agreement.


Iframes

Without prior approval and express written permission, you may not create frames around our webpages or use other techniques that alter in any way the visual presentation or appearance of our website.


Reservation of Rights

We reserve the right at any time and at our sole discretion to request that you remove all links or any particular link to our website. You agree to immediately remove all links to our website upon such request. We also reserve the right to amend our linking policy at any time. By continuing to link to our website, you agree to be bound to and abide by these linking terms.


Removal of links from our website

If you find any link on our website or any linked website objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.

LATEST NEWS

When is a Trade Mark Not a Trade Mark?

Posted on Jun 28, 2023.

There are two ways in which trade mark rights can be acquired in South Africa. The first is statutorily through registration in terms of the Trade Marks Act 194 of 1993, and the second is in terms of the common law through use thereof only.

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