Trademark Process

TM1 and TM2 Forms

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

Duration
Once a trademark is registered in South Africa, it needs to be renewed every 10 years to stay in force.  If your registered trademark 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.

Manual Application

Form TM1 must be completed. You have to file separate applications for each class of goods/services. Indicate all the goods/services for which you would like to use the trademark.

Electronic Application

Register as a user on the CIPC e-filing website registration. International classification for the trademark has to be indicated. You have to file separate applications for each class of goods/services.

Smit & Van Wyk, Inc. services include trademark searches, trademark registrations and renewals. For more information about trademarks and the costs involved, please contact us, and for more information regarding trademark protection in African countries, click here.

Trademark Application

Should your application comply with all the formal requirements, and the required official fee has been received by the Office, the application will be allocated an application date and an official application number. All communications with the Office should at all times include the application number as reference.

PLEASE NOTE: Field 74 of form TM1 “address for service” is the address at which you will be receiving all the communications from the Office. Please be sure to inform the Office by requesting “a change of address for service” on form TM2 in case this address changes. The address for service MUST at all times be an address within the Republic of South Africa.

Trademark Search
It is advisable that the trademark be searched before the application is made. In order to be considered registerable, your mark must be capable of distinguishing your goods or services from those of your competitors.

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