Trade Mark™ (Not registered)
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.
Registered Trade Mark ®
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 ®. There is a proper procedure for displaying the trademark as described and companies frequently issue statements on the Internet regarding the appropriate and allowable usage and display of their trademark by another entity even in referencing the trademark.
Examples of Trade Marks: Name, Slogan, Logo, Shapes, Sounds / Tunes, Tastes, Textures, Three-dimensional Marks, Colors, Holograms, Motions / Multimedia, Positions, Gestures, Olfactory (smells / scents).
It is advisable that the trademark be searched before the application is made. We can conduct searches through the records at the South African Trade marks Office. This will provide an indication of whether there are existing trademarks which are identical or similar to yours. Foreign trademark searches may also be conducted, should you wish to have a search conducted through the trade mark offices of foreign countries. A search has to be conducted to make sure there is no similar or identical trade mark on the register preventing the registration of your trademark. We recommend doing an international trademark search in each of the countries in which you wish file a trademark registration.