Trademark Attorneys

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 Act No 194 of 1993 and subject to certain requirements may be renewed indefinitely, thereby ensuring the continuity of your brand.

Examples of Trade Marks: Name, Slogan, Logo, Shapes, Three-dimensional Marks, Colors, Holograms, Motions / Multimedia, Positions, Gestures, Olfactory (smells / scents), Sounds / Tunes, Tastes, Textures.

Why should I Register a Trade Mark? You are in the process of building the reputation of your product/service. However, competitors may try to imitate your product if it is a commercial success. To ensure that the buying 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 name and reputation.

Trade Mark Duration

Once a trade mark is registered in South Africa, it needs to be renewed every 10 years to stay in force. However, provided you continue renewing your trade mark registration in South Africa, your rights to the trade mark may last indefinitely. A registered trade mark can be protected forever, provided it is renewed every 10 years upon payment of the prescribed renewal fee. If your registered trade mark has not been used in South Africa for a continuous period of 5 years, another person may apply to have it removed from the Register.

Transferring Ownership

Trade marks can be transferred through assignment – in other words, trade marks may be bought or sold like other commodities. Alternatively, you may wish to license your trade marks to another manufacturer, who will then pay royalties for the use of your trade marks. A trade mark, like a patent, may even be hypothecated to serve as security.

Examples

 

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…