Smit & Van Wyk Patent, Trademark & Registered Designs

Trademark a Logo

Intellectual Property Insights

A company logo / product logo / service logo which is used in trade to distinguish your goods or services from the goods and services of others is eligible for trademark registration. To Trademark a Logo it must be distinctive and not only describe the goods or services to which it relates. The logo may not be identical or confusingly similar to a trademark which is already registered, applied for or used in South Africa in respect of the same or similar goods or services.

Why should you trademark a logo?
If you are in the process of building the reputation of your product/service. Ensure that the buying public does not confuse your goods or services with those of your competitors, registering a trademark is a cost-effective way of protecting your name and reputation.

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 trade mark to. This is necessary, as one has to file a separate trade mark 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 and 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

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

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

Trademark Search

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.

Trademark Duration

Once a trademark is registered in South Africa, it needs to be renewed every 10 years to stay in force. However, provided you continue renewing your trade mark registration, your rights to the trademark may last indefinitely. If your registered trademark has not been used in South Africa for a continuous period of 5 years, another person may apply to have it removed from the Register.

Posted on 12 September 2011
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International Trademark Protection

There is no such thing as an International Trademark. You should file a trademark in each of the countries in which you offer your products or services and you should also consider filing in countries where you intend to use the mark in the future, but some countries do have use requirements. Various international agreements make it possible to file a single logo registration in more than one country:

BOIP (Belgium, Luxembourg and the Netherlands)
Community Trademark (European Union)
Madrid Agreement (97 Contracting Parties)
OAPI (17 French speaking member states in Africa)
ARIPO (19 English speaking member states in Africa)

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Trademark Registration, Trademark Search, Trademarks
Trademark Registration, Trademark Search, Trademarks
Trademark Registration, Trademark Attorneys, Brand Protection
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