Spoor & Fisher

Trade mark Prosecution

Marco van der Merwe is a Trade Mark Practitioner and head of the Trade Mark Department at Spoor & Fisher. He has a BLC and LLB from the University of Pretoria, a certificate in computer programming as well as a Diploma in Labour Relations. Marco is an Attorney of the High Court of South Africa.

For the past three decades, Marco has specialised in domestic trade mark registration, searches and maintenance, domestic and international copyright, information technology law, and domain name disputes. He is a specialist trade mark attorney with experience in computer-related litigation and information technology.

Marco was born and educated in Pretoria, South Africa and holds the BLC and LLB degrees awarded by the University of Pretoria. Apart from his interest in legal matters, Marco also obtained a certificate in computer programming (Cobal and Xgen 4 GL) and was formerly employed as a computer scientist at the University of South Africa (“UNISA”) whilst completing his legal studies part time. At UNISA he specialised in system design and coding on financial and library budgeting systems.

He has been practicing law for 27 years. After his admission to practice law, he initially specialised in copyright law, namely the unauthorised use of computer programs and counterfeiting of computer programs. He successfully took action against counterfeiters and conducted numerous Anton Piller “raids” pertaining to unauthorised use of computer programs. He subsequently became involved in managing the Spoor & Fisher Formallites department whilst retaining an interest in trade mark and information technology law. Marco was awarded the Butterworths prize for the best contribution to de Rebus (the local attorney magazine) by a practising attorney for an article entitled “Protection of trade marks, company names and trading styles as domain names”.  In 1999 Microsoft Corporation awarded Marco the prestigious “Best Practices Award” for software infringement investigation and audit.

Marco has visited a number of African registries over the years including Botswana, Lesotho, Mozambique, Swaziland, Namibia, Zimbabwe and ARIPO on behalf of Spoor & Fisher and the profession to arrange procedural and practical issues.

Marco regularly speaks at local and international conferences, the most notable being at the INTA annual meeting where he presented a paper on “Trade mark strategies in Africa”. He has also participated in AIPPI and INTA committees over the years.

Professional activities

Co-author on trade marks – 3rd edition of The Law of South Africa (LexisNexis), 2019.

Co-author on trade marks - Dean & Dyer: Introduction to Intellectual Property Law (Oxford University Press), 2014.

Author of the chapter on computer contracts: Butterworths Forms and Precedents (LexisNexis), 2005.

Co-author of the chapter on contracting on the internet: Cyberlaw @ South Africa (Van Schaik), 2003.

Speaker on trade mark prosecution and its effect on litigation: The Circle Chambers of the Pretoria Bar, 2018.

Lecturer for LLB students: University of Pretoria, 2017.

Lecturer on copyright and art, for BA Fine Art: University of Pretoria, 2015.

Lecturer for LLM students: University of the Witwatersrand, 2013.

Lecturer on SA copyright law & practice, and SA trademark law & practice modules – SAIIPL.

South African correspondent - Computer and Telecommunications Law Review (Sweet & Maxwell), 2001.

Market Recognition

Best Practice award for Software Investigation and Audit 1999 - Microsoft Corporation.

Best article by a practicing attorney - De Rebus - pertaining to Domain names in February 1998.

Listed in the World Trade Review 1000, 2020 

English, Afrikaans

Fellow of the South African Institute of Intellectual Property Law (SAIIPL).

Former Treasurer and Vice-President of SAIIPL.

Member of the International Association for the Protection of Intellectual Property (AIPPI).

Member of the Law Society of South Africa (LSSA).

Former Treasurer of the Association of Pretoria Attorneys.

Speaker, Attendee and Contributor to the International Trademark Association (INTA).

Senior Domain Name Dispute Adjudicator – co.za domain space.

Member of the Legal Practice Council (LPC).

BLC and LLB degrees awarded by the University of Pretoria. Certificate in computer programming (TDF Associates), Certificate in Labour Relations (SBL). Attorney of the High Court of South Africa.

Marco enjoys participating in overland expeditions in his Land Cruiser and has visited far-off destinations in Africa including the Caprivi (Namibia), Okavango Swamps (Botswana), Drakensberg (in South Africa and Lesotho), the Richtersveld, etc. He has been known to participate in micro-light piloting, trail runs and game viewing in the many South African game reserves.