Trademark 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, National Monuments, The representations of the present and all former State Presidents of the Republic.

National Flags – use may not be made of it in a trade mark. Use can be made of these state emblems only with the permission of the Minister of Trade and Industry, together with the consent of the owner of the state emblem and that of the National Monuments Council.

Words that are NOT capable of distinguishing for purposes of the Trade Marks Act:
Example – 24 HOURS
Example – The word CHEESE cannot serve as a trade mark for cheese
Example – The word SERVER cannot serve as a trade mark for computer related services

Contact one of our trade mark attorneys.
Call: 012 349 7800 or

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Noelle Pearson

Noelle Pearson

Rogan Bruce

Rogan Bruce

Gillian O'Leary

Gillian O'Leary