When a new trademark is identified, the first step is to conduct a trademark availability search to ascertain if the mark is available for use and registration. The possibility exists that a third party may own a trademark which is identical or confusingly similar to your proposed mark and if the mark is used, such use could amount to infringement.
It is always advisable that the trade mark be searched before the application is made. In order to be considered registerable, your trade mark must be capable of distinguishing your goods or services from those of your competitors. To this end, we can conduct searches through the records at the South African Trade marks Office.
This will provide an indication of whether there are existing trademarks which are identical or similar to yours. Foreign trade mark searches may also be conducted – please contact us, should you wish to have a search conducted through the trade mark offices of foreign countries.
A search has to be conducted to make sure there is no similar or identical trade mark on the register preventing the registration of your trademark.