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Trademark Requirements in South Africa
A few of the frequently asked questions about trademark requirements in South Africa are briefly answered below.
What are the basic trademark requirements in South Africa?
To be eligible for registration, the trademark must uniquely distinguish the products and services in the classes applied for from that offered by the competitors. The trademark must thus not be already in use by another party, registered or similar to one already registered or applied for. It must be a shape, slogan, stylised logo, word or phrase. The fees for registration must be paid and the mark must be registered for bona fide use. It can therefore not be a generic term and must apply to a product or service.
If a trademark meets the South African trademark requirements, will it also automatically meet foreign country requirements?
No, not necessarily. Each country has its own trademark laws and requirements for registration which should be adhered to. There are also various international treaties and conventions governing trademark registrations in member countries which should be considered. To register a trademark in another country, get legal assistance from experienced trademark attorneys such as offered by Smit & Van Wyk.
If a trademark is not used for a period of five years, can someone request cancellation thereof?
Yes, if a trademark is not worked for a continues period of five years, it can be removed from the register.
Do I have to register a trademark in order to use it?
No, un-registered trademarks may be used, but are only protected in terms of common law. If you want full legal protection against infringements you will need to register the trademark at the Trademarks Office.
How is conflict with prior registered or pending applications determined?
We conduct a trademark search at the Trademarks Office to determine conflict existence and can also perform trademark searches through foreign trademark offices.
If you need help with the registration of a trademark and meeting the trademark requirements contact us at Smit & Van Wyk today.
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