BY NELIWE NGUBANE
MBABANE – A business name is more than a collection of letters; it carries a company’s identity, reputation and value. However, without proper legal protection, that identity can be vulnerable to imitation, leaving businesses exposed to copycats and online impersonation.
This is the message shared by Dr Celucolo Dludlu in the first episode of IP Unscripted, a series by the Eswatini Intellectual Property Office (EIPO) that seeks to explain intellectual property rights and their importance to businesses and individuals.
In the episode, Dr Dludlu highlights how registering a trademark can give a brand stronger protection against competitors who attempt to imitate its name, including through names that sound similar. He also explains how trademark registration can help brand owners challenge unauthorised use of their identities online.
Dr Dludlu uses the example of KRTC to illustrate the importance of securing a trademark, explaining that protection can extend beyond the exact letters used in a registered name.
“As it stands, if you are not protected, you can only stop people using exactly those letters,” he explains.
He adds that trademark registration provides what is known as phonetic protection, which may help prevent others from using confusingly similar names that could mislead customers or create an association with the original brand.
“It gives you that monopoly. It stops other people imitating your brand, because it’s what we call phonetic protection, so that it’s not just the letters,” Dr Dludlu says.
His explanation highlights a key consideration for entrepreneurs and established businesses: protecting a brand requires more than simply choosing a unique name. It also involves understanding the legal measures available to safeguard that identity against misuse.
The discussion further explores the challenges businesses may encounter in the digital space, where websites and online platforms can be used to imitate established brands or create confusion among customers.
Dr Dludlu notes that trademark registration can strengthen a brand owner’s position when seeking to address unauthorised use of a name online.
“Online, if somebody has established a site that has your name on it,” he says, explaining how a registered trademark can help an owner take action against such misuse.
The issue is particularly relevant as businesses increasingly rely on websites and digital platforms to reach customers, promote their products and establish credibility. An imitation website or confusingly similar brand name can undermine consumer trust and potentially divert customers away from the legitimate business.
Through IP Unscripted, EIPO is encouraging greater awareness of intellectual property and the practical steps available to protect valuable business assets.
The message from Dr Dludlu is clear: a brand name deserves the same attention as other assets a business works to build. Registering a trademark can provide important legal protection, although the scope of that protection depends on the applicable law, the registration and the circumstances of a di
