Smit & Van Wyk Patent, Trademark & Registered Designs

Register Trademarks

Intellectual Property Attorneys

To register trademarks you have to follow the right procedures in all Countries you wish to obtain protection for your mark. A trade mark can only be protected as such and defended under the Trade Marks Act, 1993 (Act 194 of 1993) if it is registered. A trademark represents a brand name, slogan or logo. It identifies the services or goods of one entity and distinguishes it from the goods and services of another. The registration procedure results in a registration certificate which has legal status, allowing the owner of the registered trademark the exclusive right to use that mark. Unregistered trademarks may be defended in terms of common law.  Trademark examples include: Name, Slogan, Logo, Shapes, Sounds, Tunes, Tastes, Textures, Three-dimensional Marks, Colors, Holograms, Motions, Multimedia, Positions, Gestures, Smells, Scents. Read more about Intellectual Property.

A trademark is registrable if:

  • it serves the purpose of distinguishing the goods/services of one trader from those of another trader.
  • It does not consist exclusively of a sign or an indication which may serve, in trade, to designate the kind, quality, quantity, intended purpose, value, geographical origin or other characteristics of your goods or services, or the mode or time of their production or of rendering of the services
  • Has not become customary in your field of trade
  • It does not represent protected emblems such as the national flag or a depiction of a national monument such as Table Mountain
  • It is not offensive or contrary to the law or good morals or deceptive by nature or way of use
  • There are no earlier conflicting rights

Register Trademarks Requirements

  • Simply signed Power of Attorney
  • Details of the Applicant (full names, physical address, nationality/country of incorporation)
  • Representation of the trade mark(s)
  • List of goods and/or services
  • Certified copy of priority document (if applicable)

Trademark Symbols

The trademark symbol for unregistered trademarks is designated by the letters TM written in superscript style. In practice it will look like this: Product™ . It is used directly after the logo, mark, or slogan that is not registered. When a trademark is registered with the specific trademark office you will see an “R” in superscript surrounded by a circle after the logo, name or slogan. It will look like this: Product ®.

Posted on 3 December 2008
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Patent Attorneys
It is highly recommended that your claims be written by a qualified patent attorney or patent agent. The patent attorneys at Smit & Van Wyk provide a wide range of patent-related services across multiple industries and fields of technologies, including patent drafting, filing and prosecution.

Mauritius Trademarks
Mauritius trademarks recognise the Nice Classification of goods and services, and allows for multi-class filing. Mauritius trademarks are valid for 10 years from the filing date and renewable for periods of 10 years each upon payment of the renewal fee.

Franchise Attorneys
Franchising legal advice is specialised and differs from other areas of law, thus you need find yourself an attorney that specialises in this specific type of law. Franchise attorneys represent the franchisor, as well as the franchisee. 

PCT National Phase Patents
The PCT National Phase is the second of the two main phases of the PCT procedure. It follows the international phase and consists in the processing of the international application before each Office of (or acting for a Contracting State) that has been designated in the international application.