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 trademark attorneys for more information regarding services related to trademark applications, renewals and litigation in South Africa. Call us: +27 (0) 12 349 7800 or

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Salomé le Roux

Salomé le Roux

Noelle Pearson

Noelle Pearson

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