How to Register a Trade Mark in South Africa

What is a trade mark?

A trade mark is a unique mark which distinguishes your goods or services from other. Trade marks are register-able in terms of the South African Trademarks Act No 194 and is subject to certain requirements.

Why should I register a trade mark?

If you are in the process of building a reputation for your brand competitors may try to imitate your product. To ensure that the 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 brand and reputation.

Duration of trade mark protection:
Once a trade mark is registered in South Africa, it needs to be renewed every 10 years to stay in force.

What to do?
IP attorneys would require you to provide them with a copy of your intended trademark (name or slogan, or logo). IP attorneys would also require details of all products or services that you intend applying the trademark to. Trademarks are registered at the South African Trademarks Office and a separate foreign trademark registrations should only be obtained if you wish to market your product in foreign countries as well.

How do I know if someone else has registered the same trade mark?
In order to be considered registrable, your trade mark must be capable of distinguishing your goods or services from those of your competitors. IP attorneys can conduct searches through the records at the South African Trade marks Office.

Company names and trade marks
A company name registration is independent of a trade mark registration. By registering and enforcing a registered trade mark, competitors may be prohibited from using your registered trademark.

Rogan Bruce
Rogan Bruce

Trade Mark Attorney

BA LAW (Psychology)
LLB

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Cherizé de Lange

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Nthabiseng Dhladhla
Nthabiseng Dhladhla

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Sindiswa Malebye

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Chantelle Olckers
Chantelle Olckers

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