Before you brand for 2010

As with all major FIFA events, the body owns the marketing rights to the 2010 World Cup and places severe limitations on marketing and branding related to the event. It's important to be aware of these, before you start branding your products and services for the World Cup and for FIFA African Confederations Cup later this year.

The Merchandise Marks Act of 1941 protects FIFA's intellectual property rights and identifies genuine merchandise and official events organised by the South African government, FIFA and their affiliated partners and sponsors.

It outlaws the use of false trade descriptions to goods, provides for the protection of prohibited marks and forbids ambush marketing (when a business which is not an official sponsor associates itself with an event). For example, a clothing manufacturer may not - unless it is endorsed as an official commercial partner/sponsor - print the FIFA logo on T-shirts to be sold during the event.

Using general football-related or South African-related decoration is allowed, but before you print an item of clothing, flag, poster, banner or anything else for the World Cup, it's important to be aware of which phrases and logos are protected.

Protected phrases for the 2010 tournament and the 2009 Confederations Cup are:

• 2010 FIFA World Cup South Africa
• World Cup 2010
• RSA 2010
• Football World Cup
• FIFA World Cup
• South Africa 2010
• SA 2010
• 2010 FIFA World Cup
• Africa 2010
• Soccer World Cup
• World Cup
• South Africa World Cup
• World Cup South Africa
• Confederations Cup
• 2010
• Twenty Ten
• Win in Africa for Africa
• Football for a better world

Protected host city names

• Cape Town 2010
• Bloemfontein 2010 or Mangaung 2010
• Durban 2010
• Johannesburg 2010
• Mbombela 2010 or Rustenburg 2010
• Polokwane 2010 or Pietersberg 2010
• Port Elizabeth 2010 or Nelson Mandela Bay 2010
• Pretoria 2010 or Tshwane 2010

It's not worth breaking the law

You may think that "taking a chance" will be worth it, but using the phrases and trademarks illegally can mean the end of your business.

The event will have inspectors checking on the use of the Official Marks, and the penalties for unauthorised use could be severe. If you conduct business in contravention of the Act, you may be liable for the following penalties:

• In the case of a first conviction: a fine not exceeding R5 000 for each article to which the offence relates, or to imprisonment for a period not exceeding three years, or to both such fine and such imprisonment
• In any other case: a fine not exceeding R10 000 for each article to which the offence relates, or to imprisonment for a period not exceeding five years, or to both such fine and such imprisonment
• The court may also order the confiscation of the goods in respect of which the offence was committed

These measures will expire six months after the last game of the 2010 tournament.