If you have a means for identifying and distinguishing your goods or
services, you may be able to obtain a registered trademark.
Information for practitioners
what is a trademark?
A trademark is any sign capable of being represented graphically, and
includes a picture, signature, colour, numeral, shape, configuration, pattern,
container for goods or any combination of these.
back to top
can I register my trademark?
To be registrable, a trademark must be capable of distinguishing the
goods or services to which the trademark relates from the goods or services
of a competitor.
A trademark can either be inherently capable of distinguishing, such
as in the case of fabricated words or symbols, or can have become capable
of distinguishing through use. A trademark that is purely descriptive of
the goods or services to which the trademark relates, or which is commonplace
as regards those goods or services, is generally not registrable.
Furthermore, the trademark must be sufficiently different from any trademark
already applied for, registered, or in use. Applications for trademarks
are examined, and will be rejected if so similar to any trademark already
applied for or registered that the use of the new trademark may lead to
deception or confusion. For this reason, it is advisable to carry out registrability
searches before applying for the registration of a trademark.
back to top
why should I register my trademark?
Unlike patents, it is not compulsory to register a trademark before it
is used. Some protection is offered by the common law, but only in cases
where the trademark has acquired sufficient goodwill in South Africa. Trademark
registrations, by contrast, provide wide ranging protection and powerful
remedies against infringement. Registration also allows for the effective
appointment and control of licensees and franchisees. As a general rule
the value of a trademark increases over time as the trademark is used and
the trademark acquires a reputation in the market place. In many cases trademarks
have become the most valuable asset of a business.
back to top
what is the procedure for registering
a trademark?
An application to register a trademark is made by filing details of the
proprietor, the trademark, and the goods or services in respect of which
it will be used, together with the necessary forms and government fees,
at the Trademarks Office. It is sometimes necessary to apply to register
a trademark in more than one class. Each class in the trademarks register
relates to a specific type of product or service. There are 34 classes relating
to specific product types and 11 classes relating to specific service types.
View the list of class headings
here.
Some months after filing, the Registrar will begin examination of the
application, and may raise objections based on exclusions provided in the
Trade Marks Act. If the applicant can overcome the objections, the Registrar
will in due course issue acceptance of the application and the application
is then advertised for opposition.
It can take two years or more to obtain registration, and it is therefore
advisable that a registrability search be conducted before a trademark is
used. The results of the search will show whether the trademark may be used,
or what difficulties may be expected, and the trademark can then be used
while awaiting registration.
back to top
how do I register my trademark
in other countries?
Trademark applications must be filed in each country in which protection
is desired. Applications for registration in foreign countries can be based
on a South African trademark application if filed within six months of filing
the South African trademark application.
back to top
how long does a trademark registration
last?
A trademark registration lasts for ten years from the date of filing
the application for its registration and may be renewed indefinitely for
subsequent periods of ten years at a time.
back to top
what are the costs involved?
Our charges are very competitive and we encourage you to
contact us for an estimate of the cost involved
in filing a trademark application.
back to top
