Do not mistake the registration of a company with registering a trade mark. It is possible to register a company in South Africa without registering its trade mark. It is recommended that you also register the trade mark for the company name to build and protect the brand. Registering a trade mark for your company name provides exclusive rights to that name and grounds for legal action if someone else produces, sells, or trades under your name. Registered trade marks also add value to a company, as the name itself becomes a commodity that can be transferred or licensed for use through an agreement.
What Makes a Trade Mark Registrable in South Africa
A trade mark is registrable if it serves the purpose of distinguishing the goods or services of one trader from those of another. A mark cannot consist exclusively of signs or indications that 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 delivery.
The mark should not be customary in your field of trade and must not represent protected emblems, such as the national flag or depictions of national monuments like Table Mountain. It should not be offensive, contrary to the law or good morals, or deceptive by nature or use. Additionally, there should be no earlier conflicting rights that could prevent registration.
Duration and Renewal of a Registered Trade Mark
A registered trade mark can be protected indefinitely, provided it is renewed every 10 years upon payment of the prescribed renewal fee. If a registered trade mark has not been used in South Africa for a continuous period of five years, another person may apply to have it removed from the register.
We provide a range of trade mark services, including trade mark searches to determine whether a similar mark has already been registered, filing an application on your behalf, and ensuring that your chosen name qualifies for registration. Contact us for assistance with the application process and any licensing agreements you may need.
The Importance of Conducting a Trade Mark Search
It is advisable to conduct a trade mark search before submitting an application. We can perform searches through the records at the South African Trade Marks Office, providing an indication of whether any existing trade marks are identical or similar to yours.
Foreign trade mark searches can also be conducted if you wish to check registration in other countries. Conducting a search ensures that there are no similar or identical trade marks on the register that could prevent your trade mark from being registered.
