Our Profile
Established in 1890 in Pretoria, Stegmanns Inc. (“Stegmanns”) is a well-respected legal partner that offers appropriate legal solutions and superior levels of client service to meet the dynamic legal requirements and challenges of South African corporates, financial institutions, SMEs (small, medium enterprises) and individuals.
The firm's operations are supported by a clear business strategy, a diverse team of experienced and specialised staff, an effective administrative structure and leading information technology systems. At Stegmanns, we work tirelessly to deliver practical legal solutions to resolve matters quickly, efficiently and cost effectively for the most favourable outcome for each client.
Mission
| • | Providing our clients with superior, personal services in the best traditions of the legal profession; |
| • | Continuously developing and expanding our expertise to effectively satisfy our clients' requirements; |
| • | Maintaining unquestionable standards of honesty and integrity; |
| • | Sustaining and enhancing our firm's fine reputation; |
| • | Embracing black economic empowerment and reflecting the demographics of our society in the composition of our personnel; and |
| • | Creating opportunities for our personnel to achieve their full potential and effectively serve all members of the community in which we operate. |
Vision
| • | We are committed to building Stegmanns Incorporated into a brand that is nationally recognised within the legal fraternity and business community as a market leader that provides superior, specialised legal services to an ever-expanding base of satisfied clients across South Africa. |
| • | We will be an active contributor to shaping law and legal process in South Africa to the benefit of all citizens. |
| • | Our staff will be highly competent and will reflect the population characteristics of a broader South African society in terms of race and gender. |
| • | The way we do business will demonstrate our integrity and be a guiding light for others in our industry to follow. |
About Stegmanns Incorporated
Founded in 1890
200 people in their team
Practice areas
Languages spoken
Social media
Practice areas
Family
Family Law
Stegmanns' expertise and personal approach ensures an in-depth understanding of each client's unique circumstances. Our range of family law services demands trusting client relationships and the highest levels of customer service. Our services include Antenuptial contracts, divorces, child and spousal maintenance, mediation, post-divorce proceedings and adoptions.
Real Estate
Property Law
The conveyancing department specialises in property transfers, bond registrations and cancellations, township, sectional title and low cost housing developments, as well as all forms of notarial work.
The department is spearheaded by the firm's directors and its services include:
| • | Drafting of security documentation; |
| • | Drafting of complex sale and lease agreements; |
| • | Registration of commercial and residential mortgage bonds; |
| • | Complex subdivisions; |
| • | Consolidations; |
| • | Transfers of expropriated and delegated land; |
| • | Development of residential, commercial and low cost housing townships; and |
| • | Registration of servitudes, notarial ties and Antenuptial contracts. |
Business
Commercial Law
Stegmanns offers expertise in commercial transactions on behalf of individuals, macro and micro businesses and specialises in High, Regional and Magistrates' Court litigation of a commercial and civil nature including inter alia:
| • | Drafting, negotiating and vetting commercial agreements; |
| • | Litigating on banking law matters; |
| • | Incorporation of companies and amendments of company documentation; |
| • | Property related matters; |
| • | Civil litigation matters; |
| • | Short-term and long-term insurance claims; |
| • | Rentals and evictions, etc.; |
| • | Administration Law; |
| • | Constitutional Law; |
| • | Consumer Protection Act; |
| • | Corporate Law and Governance; |
| • | Due Diligence; |
| • | Entertainment Law; |
| • | National Credit Act; |
| • | Law of Delict; |
| • | Unlawful Competition disputes; |
| • | Sequestrations and Liquidations; |
| • | Attending meetings of Creditors; |
| • | Mineral and Mining law and Regulations; |
| • | Attending Insolvency Enquiries; |
| • | Fiduciary Duties Directors, Public Officers, and General Management; |
| • | Contractual Disputes, claiming contractual damages and defending claims for contractual damages. |
The department also attends to a large number of correspondent matters including the administration of urgent applications, appeals and other matters.
Lawsuits & Disputes
General Litigation
Stegmanns offers expertise in General litigation services on behalf of individuals, macro and micro businesses. The department also attends to a large number of correspondent matters including the administration of urgent applications, appeals and other matters.
| • | Property related matters; |
| • | Civil litigation matters; |
| • | Short-term and long-term insurance claims; and |
| • | Rentals and evictions, etc. |
Employment & Labor
Labour Law
Stegmanns offers labour law services for employees, unions as well as employers and employers' organisations. We participate in labour disputes in the various Bargaining Councils; Magistrates' Courts; Labour Court; Labour Appeal Court; and the High Courts of South Africa.
Services include conciliation, mediation negotiation, arbitration and litigation, incorporating:
| • | CCMA; |
| • | Disciplinary procedures and processes; |
| • | Labour dispute resolution; |
| • | Employment contracts; and |
| • | Grievance resolution. |
Intellectual Property
A trade mark is in essence a means to identify a specific product or business. A trade mark is a mark which can be represented visually. In this regard, it is not currently possible to obtain trade mark registrations for a smells or sounds. The function of a trade mark is to distinguish the goods and/or services of one trader from the goods and/or services of another trader in the same sector.
Marks which may qualify for trade mark protection include devices, names, signature, word, letter, numeral, shape, configurations, patterns, ornamentations, colour combinations, containers for goods, or any combination of the aforementioned. Examples of famous word trade marks include McDonald’s, REVLON and MICROSOFT.
In the trade, trade marks are often applied to the following:
| • | Trading names |
| • | Business names |
| • | Trading styles |
| • | Packaging of products |
| • | ogans / pay-off lines d |
| • | Websites and domain names |
| • | Advertising material |
| • | Stationery including letterheads, business cards etc. |
Why Register your Trade Marks?
There are many advantages to registering trade marks which include the following:
| • | A trade mark registration affords the owner of the trade mark the right to prevent other traders from using and/or applying for registration of the same or similar mark in the same sector without its authorisation. |
| • | Without a registration, the person claiming rights in a trade mark will have to rely on the common law remedy of passing off to defend its rights. The prospects of success in such a claim will depend on the extent to which the person can prove that the mark has acquired a reputation in relation to specific goods/services. In the case of a new business or product, reputation may be minimal and the mark may therefore be difficult to protect. |
| • | A trade mark registration covers the whole of South Africa, while rights in an unregistered trade mark may be limited to a specific geographical area. |
| • | A trade mark registration endures indefinitely, subject to the payment of renewal fees every 10 years. |
Who can register a trade mark?
Any person with a bona fide intention to use a mark as a trade mark , either himself or through any person permitted by him to use the mark (ie a licensee) may file an application for its registration.
Where is the trade mark registered?
The South African trade marks Register is kept in Pretoria, Gauteng. South Africa follows the Ninth Edition of the International Classification of Goods and Services. The trade marks Register is therefore divided into 45 classes of goods and services. A trade mark must be registered in respect of a particular class or classes of goods or services.
What is the procedure to register a trade mark?
| • | A trade mark application is filed in a specific class in relation to specific goods and/or services. |
| • | As soon as the application proceeds to examination, the Registrar of trade marks who may call for certain requirements for registration, refuse the application or accept it unconditionally. |
| • | Once the Registrar’s requirements have been complied with or the mark has been accepted, the trade mark is advertised in the Patent Journal for possible oppositions by third parties. |
| • | If the registration of the trade mark is not opposed within 3 months from the date of advertisement, the trade mark should proceed to registration. |
| • | The Certificate of Registration will then be issued a few months later. |
In view of long delays experienced at the South African trade marks Office, and to avoid obvious risks, it is recommended to conduct a search of the trade marks Register prior to filing an application to determine whether the proposed trade mark is available for use and registration.
Trade Mark Oppositions:
Once an application has been accepted for registration, it will be advertised in the local Patent Journal for possible opposition by third parties. Within 3 months of advertisement, any interested person may oppose registration of the mark advertised.
It is possible to obtain an initial extension of 3 months of the opposition term to take instructions and prepare evidence. Further extensions can only be obtained with the consent of the applicant.
Trade Mark Expungement:
Any interested person may apply to the Registrar of trade marks or the High Court of South Africa to cancel/expunge a trade mark registration.
Trade Mark Infringement:
An owner, and in some instances a registered user, of a registered trade mark may institute trade mark infringement proceedings based on the following grounds:
| • | Where a person is making unauthorised use of an identical mark, or a mark which so nearly represents the registered mark, in the course of trade, in relation to the same goods and/or services for which the mark is registered, which is likely to deceive or cause confusion. |
| • | Where a person is making unauthorised use of a mark, which is the same or similar as a registered mark, in the course of trade, in relation to goods or services which are similar to the goods or services covered by the registered mark, which is likely to deceive or cause confusion. |
| • | Where a person is making unauthorised use of a registered mark, or an essential part thereof, which is well-known in South Africa, in a manner which is likely to take unfair advantage of, or be detrimental to the distinctive character, or repute of the registered trade mark. The use in this instance, may be in relation to any goods or services, not only the goods or services covered by the specification of the registered trade mark. |
The Trade Marks Act 194 of 1993, as amended, furthermore makes provision for infringement provisions relating to the unauthorised use of an unregistered mark which is well-known and used in relation to the goods or services for which the mark is known.
Passing off and unlawful competition:
Passing off is a form of unlawful competition and occurs when a person misrepresents that his products, services or business are somehow associated or connected with the goods, services or business of another. Generally, to marketing on the basis of passing off action, a plaintiff must prove the following elements:
| • | A substantial amount of goodwill and/or reputation vests in the name, mark or get-up in question and that such goodwill or reputation is associated with the plaintiff. |
| • | The defendant has made a representation which is likely to confuse members of the public and lead them to believe that there is some connection between the respective traders. |
| • | Such deception or confusion is likely to cause damages to the plaintiff's goodwill. |
Criminal Defense
Criminal Law
Stegmanns offers expertise in the various aspects of Criminal practice and procedure, and is able to represent both individuals and businesses, in the various courts. We can assist with the following:
| • | Bail applications; |
| • | Unlawful arrest and detention; |
| • | Pleas; and |
| • | Trials. |