Imagine getting a call from a 13-year-old entrepreneur asking for legal advice. Yep, that happened to me. One day, I received an email from a young go-getter named Sam (name changed for privacy). She had started an incredibly successful business—Glow Up Gadgets, selling trendy glow-in-the-dark phone accessories. Sam’s business was taking off faster than you can say “startup,” and Sam wanted to make sure no one could steal her brilliant ideas.
“I want to protect my brand!” Sam declared in our first meeting, sounding more like a seasoned CEO than a high school student. And that’s where I, as her attorney, came in. My mission? To make sure Glow Up Gadgets was legally bulletproof.
So, Can a Kid Own a Trade Mark?
One of the first things I had to explain to Sam was how trade marks work. A trade mark is the magic legal shield that protects a business’s name, logo, or slogan. For Sam, it was all about making sure the catchy name Glow Up Gadgets and her cool logo were safe from copycats.
Now, in South Africa, a minor (someone under 18) has limited legal capacity. This means they can’t just waltz into a courtroom, sign contracts, or register trade marks without a little help from a legal guardian. But the good news is, even at 13, Sam could still be the proud owner of a trade mark. She just needed a little adult backup.
That’s where Sam’s parents came in. Legally, they had to be involved in the process, signing on Sam’s behalf and handling the serious legal stuff while Sam continued to dream up new ideas for their gadgets. I made sure everything was ready to go—trade mark applications, contracts, and all.
The Trade Mark Adventure
Here’s how it all went down:
Step 1: Choosing the Perfect Name
Sam had already done the heavy lifting by coming up with Glow Up Gadgets—a name that not only describes their products but sounds fun and catchy, too. I ran a trade mark search to make sure no one else had already snatched up the name. Once I gave the all-clear, Sam was excited to move forward with protecting it.
Step 2: Registering the Trade Mark
Now, remember, Sam couldn’t legally register the trade mark by herself. So, her parents acted as her legal guardians and signed the necessary paperwork with the Companies and Intellectual Property Commission. The application went off without a hitch, and soon enough, Glow Up Gadgets was officially a registered trade mark.
Step 3: Setting Up Legal Protection
With the trade mark officially registered, Sam’s business was legally protected. This meant that no one could use the Glow Up Gadgets name or logo without facing some serious legal consequences. Copycats beware!
Problem Solved, Right? Well, Almost…
As a lawyer, I always think a few steps ahead. Protecting Sam’s trade mark was just the beginning. I also advised Sam’s parents to set up a trust for the business. This would allow her to manage the intellectual property until Sam turns 18 and can take full control. By creating a trust, we ensured that Sam’s trade mark—and the business’s profits—were safe and sound until she was legally able to handle it all.
The Best Part? Watching Sam’s Business Grow
With her trade mark safely registered, Sam could focus on what she does best—growing Glow Up Gadgetsinto an even bigger success. And let me tell you, the orders just keep rolling in. Who knew glow-in-the-dark phone accessories could be such a hit?
I’m proud to say I played a small part in Sam’s journey to becoming a young mogul. It’s not every day that you get to help a 13-year-old protect their intellectual property. And it’s a good thing we did—because Sam’s got even more big ideas brewing for the future.
The Takeaway?
If you’re a young entrepreneur like Sam (or even an older one!), don’t underestimate the power of protecting your brand early on. Whether you’re selling glow-in-the-dark gadgets or the next big thing, having a solid legal foundation can make all the difference.
And remember, just because you’re young doesn’t mean you can’t own a trade mark. You might need a little help from your parents (and maybe a cool attorney like me), but your brilliant ideas deserve to be protected—no matter your age!
Disclaimer: No High schoolers were harmed in the making of this article—just a few mind-blown adults realizing how talented and driven the next generation of entrepreneurs really is.
By Jana Doussy, Stegmanns Director and Intellectual Property Practitioner