Trade Mark Registrations and Information

Trade Mark registrations provides wide-ranging protection against infringement of your brand. A trade mark is typically a word, name, phrase, logo, symbol, design, image, or a combination of these elements.

Trade marks are registered in different classes that cover all goods and services. You will have to assign a class to your trade mark before a search can take place. Each class in the trade mark’s register relates to a general type of product or service. Registering a trade mark for a coffee shop name will not be in the same class as registering a trade mark for as health and fitness gym logo.

It is wise to register your trade mark in the country where your business is located and where you plan to conduct business. A South African trade mark only covers South Africa and will not provide protection in  any other country, and a separate application must be filed in each of these countries.

You do not need to be a South African citizen to register a trade mark in South Africa, but you must be using the trade mark in the South Africa. To register the trade mark you must have a business address in South Africa. If you are represented by someone with an address in the Republic of South Africa, the representative must be an admitted attorney in South Africa. Trade Mark applicants MAY NOT be represented by auditors, accountants, etc.

A trade mark is property and can be sold or given away. The Registrar must be informed of the change of ownership and the conditions of the change of ownership. The new owner must be noted in the Register for which a fee is payable (www.cipc.co.za).

First to Use

First to Use What is First-to-Use? This means that the first person / entity that actually made use of the mark in connection with the goods and/or services for which they’re applying, will obtain registration and may prevent others from using it. This is...

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First to File

First to File What is First-to-File? This means that the first person or entity that applies for a trade mark, will obtain registration and may prevent others from using it.  This person / entity will have the rights thereto, regardless of whether another...

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Patent Registration in the U.S

Patent Registration in the U.S  International Patents The role of the USPTO is to grant patents for the protection of inventions in the United States of America. When the patent expires, the invention is freely available to the public. Patents are not...

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