Trademark Applications in South Africa
Trademark Applications represent marks which distinguishes your goods or services from goods or services of others. Trademark applications 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 Applications
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 applications are filed at the South African Trademarks Office (CIPC) and foreign trademark registrations may be obtained should you wish to market your product in foreign countries.
Intellectual Property in Africa
Smit & Van Wyk Intellectual Property services spans across the entire African continent. Patent, PCT National Phase applications and Trade Mark filings in most African countries, OAPI and ARIPO.
ARIPO and OAPI
Many African countries form part of ARIPO or OAPI allowing for the filing of only one application to obtain protection in multiple territories. These regional systems reduce the administrative burden of those countries and support a better output of the relevant laws.
Most applications / filings
South Africa, Nigeria, Egypt, Algeria, Morocco, Kenya, Angola, Tanzania, Mauritius, Tunisia, Zambia, Ethiopia.