Want to Register a Trademark to protect your Company’s brand / name / logo in South Africa? Our Law Department Registers Trade Marks for our Clients all over South Africa and Internationally. Apply for Trademark Registration below.
Definition and Explanation of a Trade Mark
A Trade Mark is a brand name, a slogan or a logo that identifies the services or goods of your business and distinguishes it from your competitors’ services or goods. It protects the company name and becomes a capital asset of the business.
The most important part of any Trade Mark application is the specification of goods or services. A Trade Mark must be registered in respect of goods or services falling into a particular class. All goods and services fall into one of 45 classes. We will assist you to ensure you choose the correct class(es) for the necessary protection. Click here to see all the classes. These classes are subdivided in thirty four (34) classes for goods; and eleven (11) for services.
Cost and Timeframes for Trademark Registration in South Africa:
1st Phase – Special Search: R 1990 (3 days)
It costs R 1990 (VAT Inc) for the 1st Phase in completing a special search of the Trade Marks register in one class*, payable on application.
Here we firstly check whether you should proceed with the Trade Mark application ‘as is’ or first adjust your Trade Mark to ensure success. We prepare your Trade Mark Application that will be submitted to our Trade Mark Attorney; who will initiate and complete the special search on the CIPC Trade Marks register.
*A ‘class’ is a specific service / product category. If your goods or services cover more than 1 category in which you want to be protected, we will need to search in additional classes additional cost. We will quote you at a discounted rate.
2nd Phase – Application for Trade Mark Registration: R 2800
Once you have received your search results and decided to proceed, our Trade Mark Attorneys will assist with Phase 2 during which we will do the Full Trade Mark Registration.
Advantages of Registering a Trademark in South Africa
1. Protection: It is a source of exclusivity.
Registering a Trade Mark is the best, safest, quickest and most cost effective way to ensure legal exclusivity for the use of your company name, slogan or logo etc. No one else will be able to use your brand or a brand name confusingly similar!
2. Company value: Your business value will increase as a Trade Mark is one of the most important assets a Company can have.
Any potential purchaser of your business will be willing to pay more for the goodwill that you have built up under your Trade Marked Brand.
A registered trade mark is a capital asset, which may be valued, licensed or offered as security.
After licensing a Trade Mark you can then govern the use of a registered Trade Mark to manufacturers, distributors or franchisees and claim royalties in return.
3. Premium price: A Trade Mark is a badge of quality in relation to price.
People will know that goods or services bearing the same Trade Mark will be of consistent and expected quality. Thus, your clients will also be willing to pay a certain premium as a Trade Mark creates trust and loyalty.
The Trademark Application Process (2nd Phase) is briefly as follows:
a) Examination of the Trademark
The Trade Marks Office examines the application in order to ascertain that all the application requirements were adhered to. The examination also involves ascertaining whether the Trade Mark applied for is confusingly similar to an applied for or registered Trademark on the register.
b) Subsequent to examination
The Trade Marks Office accepts the application outright, or requires certain conditions to be met or may refuse the application. The Trade Mark applicant may then accordingly amend the application or make representations to the Trade Marks Office.
Once the application has been accepted by the Trade Marks Office, the applicant needs to advertise the acceptance of the application the Trademark Journal. The application is open to opposition by any interested parties for a prescribed period of 3 months.
d) Trademark Registration in South Africa
Once the application has been accepted, advertised and not been opposed. The Trade Marks Office registers the Trademark and provides the applicant with a certificate of registration.
Dangers of not having a Trademark in South Africa
- You will not have any registered legal exclusivity to your name, slogan or logo etc.
- You will not have a statutory action available against anyone who uses a same or similar mark on similar or identical goods or services.
- If your Trade Mark is registered, it serves as prima facie proof of the validity of the Trade Mark and title to the mark.