A logo may be registered as a trademark to prevent competitors from using it. A trademark is a mark which distinguishes your goods and/or services from goods and/or services of others. To indicate that a logo has formally been registered as a trademark in South Africa, the registered symbol ® should be displayed on the logo.
Trademark registrations can be lodged in any of the 45 different classes of the Nice Classification, depending on the goods and/or services for which the logo will be used. Examples of Classes:
Goods
Chemical products, paints, industrial illuminants, medical apparatus, motors and engines for land vehicles, utensils and containers for household and kitchen use, clothing and footwear, gymnastic and sporting articles, etc.
Services
Services rendered by advertising establishments, services rendered by contractors or subcontractors in construction, production of objects or inorganic or organic substances, custom manufacturing services, hygienic and beauty care for human beings or animals, etc.
Trademark Renewals
Once a logo is registered as a trademark in South Africa, it needs to be renewed every 10 years to stay in force. A registered logo can be protected forever, provided it is renewed every 10 years upon payment of the renewal fee. If your registered trademark has not been used for a continuous period of 5 years, another person may apply to have it removed from the Registrar. It is advisable to do a formal search for any similar registered logos before you apply for your logo trademark.
There is no such thing as an International Trademark
Various international agreements make it possible to file a single logo registration in more than one country:
BOIP (Belgium, Luxembourg and the Netherlands), Community Trademark (European Union), Madrid Agreement (97 Contracting Parties), OAPI (17 French speaking member states in Africa) and ARIPO (19 English speaking member states in Africa).
