South Africa Trademark Requirements

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

A South African 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. It 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.

South Africa Trademark Application Requirements

We would require you to provide us with a copy of your intended trademark – be it a simple name or slogan, or a stylised logo. We would also require details of all products or services that you intend applying the trademark to. This is necessary, as one has to file a separate trademark application in each of the international classes relating to your product(s) or service(s).

Search – please advise if a search is required

Applicant – full names and a copy of ID, passport or registration documents

Physical / postal address of the applicant

Trademark – what is the mark to be protected? If it is a logo, please send an electronic copy.

Class(es): please describe the relevant goods or services

Entity to be invoiced and VAT registration number (if applicable)

Trademarks are registered at the South African Trade Marks Office and foreign trademark registrations may be obtained should you wish to market your product in foreign countries.