Proudly South African trainer brand Bathu, which was founded in 2015, is not only becoming a beloved household name, but also building a legacy that will last. This article explores how Bathu is successfully protecting its intellectual property and, in doing so, building a sustainable and financially viable business.
When creating any brand or business, parties should start to protect their intellectual property by considering which trademarks they intend to commercialise. Before filing a trademark, parties should examine the Register of Trademarks to establish whether any prior registrations could obstruct the trademark's registration or use. Parties may wish to instruct a trademark attorney to conduct such a search on their behalf. Once a party is satisfied that its trademark is likely to proceed to registration, it should arrange for this as soon as possible – once registered, a trademark is valid for 10 years.
Theo Baloyi, Bathu's founder, has filed over 10 Bathu-related trademarks in South Africa in the name of his trading company, Bathu Swag (Pty) Ltd. Therefore, Bathu Swag can prevent any third party from using the BATHU trademark in South Africa in relation to shoes and related goods. Bathu Swag may also prevent the use of confusingly similar marks (eg, BATU). This enables Baloyi to profit from both the sale of his shoes and the commercialisation of the Bathu brand, yielding sustainability and safeguarding his exclusivity rights.
Patents, designs and other IP rights
Parties should also consider whether they can register patents, designs or other IP rights (eg, copyright). While a patent protects an invention (ie, the principle which underlies a process or product), a registered design protects the physical form of a manufactured article (ie, how something looks). Parties should keep their inventions and designs secret to maintain their novelty. Given the complexity of this area of law, parties are advised to consult an attorney.
Further, the law affords parties which independently create original artistic works (eg, a logo) automatic copyright protection. Registration is unnecessary, enabling copyright owners to save their money for infringement prevention.
Bathu's logo (Figure 1) is safeguarded by copyright protection. Therefore, copying it would constitute copyright infringement.
Figure 1: Bathu's logo
Having an online presence and the ability to carry out online sales is often considered critical for success. Once a party has protected its intellectual property, it should secure social media accounts for its main trademarks. This will not only ensure that the party has an online presence that it can leverage to grow its business, but also help to prevent third-party brand impersonation online.
The Bathu brand has arguably captured consumers' attention by ticking all of the boxes of a Western trainer brand while simultaneously presenting an African-centric narrative. This narrative is communicated via online marketing, which enables consumers to engage with both Bathu and Baloyi on several major social media platforms. To date, Bathu and Baloyi have more than 870,000 followers. This translates into sales on Bathu Swag's online marketplace and feeds into the success of its brick-and-mortar stores, of which there are more than 15 across South Africa.
