What is a trade mark?

A trade mark is a unique mark which distinguishes your goods or services from other. Trade marks are register-able in terms of the South African Trademarks Act No 194 and is subject to certain requirements.

Why should I register a trade mark?

If you are in the process of building a reputation for your brand competitors may try to imitate your product. To ensure that the public does not confuse your goods or services with those of your competitors, registering a trade mark is a cost-effective way of protecting your brand and reputation.

Duration of trade mark protection:
Once a trade mark is registered in South Africa, it needs to be renewed every 10 years to stay in force.

What to do?
IP attorneys would require you to provide them with a copy of your intended trademark (name or slogan, or logo). IP attorneys would also require details of all products or services that you intend applying the trademark to. Trademarks are registered at the South African Trademarks Office and a separate foreign trademark registrations should only be obtained if you wish to market your product in foreign countries as well.

How do I know if someone else has registered the same trade mark?
In order to be considered registrable, your trade mark must be capable of distinguishing your goods or services from those of your competitors. IP attorneys can conduct searches through the records at the South African Trade marks Office.

Company names and trade marks
A company name registration is independent of a trade mark registration. By registering and enforcing a registered trade mark, competitors may be prohibited from using your registered trademark.

More information regarding Trade Marks:

Trade Mark a color in South Africa – The South African Trade Marks Act specifically provides for the registration of non-conventional trade marks, such as colors. A mark is defined as any sign capable of being represented graphically including, shapes…

Trade Mark Search – It is always advisable that the trade mark be searched before the application is made. In order to be considered register-able, your trade mark must be capable of distinguishing your goods or services from those of your competitors…

Trade Mark Requirements – It serves the purpose of distinguishing the goods/services of one trader from those of another trader. It does not consist exclusively of a sign or an indication which may serve, in trade, to designate the kind, quality, quantity, intended…

Trade Mark Application Requirements – We would require you to provide us with a copy of your intended trademark – be it a simple name or slogan, or a stylised logo. We would also require details of all products or services that you intend…

Trade Mark Exclusions – Marks that may NOT be Registered: Emblems fall under the protection of the Merchandise Marks Act. The following are regarded as state emblems: Seal of the Republic, Coat of Arms of the Republic…

Trade Mark Costs – Contact us to request prices for trade mark searches, applications, renewals and trade mark assignments….

International Trade Mark Protection – Your mark should be registered in the countries in which you offer your products or services under that mark. You should also consider filing in countries where you intend to use the mark in the future…

Trade Mark Protection in South Africa – A trade mark is a mark which distinguishes your goods or services from goods or services of others in South Africa, or elsewhere. Trade  Marks are register-able in terms of the South African Trade Marks…