Intellectual Property

South Africa
Smit & Van Wyk Patent, Trademark & Registered Designs

South Africa Trademark Requirements

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.

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South Africa

South Africa

We assist with the filing, prosecution and enforcement of your patent, design, trade mark and plant breeders’ rights in South Africa. Copyright dispute resolution and litigation. Franchise agreements and negotiation. Company registrations. Domain name registration and protection.

Patents in Africa, Trademarks in Africa

File in Africa

Foreign clients who wish to file patent, design and trade mark applications in South Africa and across Africa (including OAPI and ARIPO). Our firm acts as a patent agent as well as a trade mark agent for foreign clients who wish to protect their Intellectual Property in Africa.

World, International Protection

International Protection

Local clients who wish to file and protect patent , design and trade mark applications internationally. Our services include the search, filing and renewal of patents and trade marks in foreign markets such as Australia, China, the United States, Canada, Europe, Japan, etc.

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Domain Names

Domain Names

In simple terms, a domain name is the address through which internet users can access a website, for example, www.companyname.co.za or www.companyname.africa or www.companyname.com. Although these...

Common Law Tort of Passing Off

Common Law Tort of Passing Off

A question that inevitably arises is whether unregistered trade marks are afforded protection in South Africa and if so, to what extent. South African trade mark law is hybrid legal system governed...

South Africa

South Africa

The Smit & Van Wyk team of experienced intellectual property attorneys are able to provide legal advice regarding your patents, trade marks and copyright. We are a specialist...