Trademark Applications in South Africa
A trademark represents a mark which distinguishes your goods or services from goods or services of others. Trademarks are registerable in terms of the South African Trade Marks Act No 194 of 1993 and subject to certain requirements may be renewed indefinitely, thereby ensuring the continuity of your brand.
A 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.
Information Required for Trademark Application
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).
(advise if a search is required)
Full names and a copy of ID, passport or registration documents.
Physical and postal address of the applicant.
What is the mark to be protected? If it is a logo, please send an electronic copy.
Describe the relevant goods or services. South Africa uses the classification of the International (NICE) Classification of Goods and Services.
Entity to be invoiced and VAT registration number (if applicable)
Trademarks are registered at the South African Trademarks Office (CIPC) and foreign trademark registrations may be obtained should you wish to market your product in foreign countries.