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Trademark Availability Search

When a new trademark is identified, the first step is to conduct a trademark availability search to ascertain if the mark is available for use and registration. The possibility exists that a third party may own a trademark which is identical or confusingly similar to your proposed mark and if the mark is used, such use could amount to infringement.

It is always advisable that the trade mark be searched before the application is made. In order to be considered registerable, your trade mark must be capable of distinguishing your goods or services from those of your competitors. To this end, 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 trade mark searches may also be conducted – please contact us, 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.

More information regarding Trade Marks:

Trade Mark a color in South Africa – The South African Trade Marks Act specifically provides for the registration of non-conventional trade marks, such as colors. A mark is defined as any sign capable of being represented graphically including, shapes…

Trade Mark Search – It is always advisable that the trade mark be searched before the application is made. In order to be considered register-able, your trade mark must be capable of distinguishing your goods or services from those of your competitors…

Trade Mark Requirements – 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…

Trade Mark Application Requirements – 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…

Trade Mark Exclusions – Marks that may NOT be Registered: Emblems fall under the protection of the Merchandise Marks Act. The following are regarded as state emblems: Seal of the Republic, Coat of Arms of the Republic…

Trade Mark Costs – Contact us to request prices for trade mark searches, applications, renewals and trade mark assignments….

International Trade Mark Protection – Your mark should be registered in the countries in which you offer your products or services under that mark. You should also consider filing in countries where you intend to use the mark in the future…

Trade Mark Protection in South Africa – A trade mark is a mark which distinguishes your goods or services from goods or services of others in South Africa, or elsewhere. Trade  Marks are register-able in terms of the South African Trade Marks…

Patents

Inventions, Ideas, New, Inventive and Useful, Gadgets, Biotech

Designs

Appearance, Aesthetic, Functional, Industrial Design, Design Patents

Tarde Marks

Name, Slogan, Logo, Shapes, 3D Marks, Holograms, Motions

Copyright

Literary, Musical, Artistic, Sound Recordings, Broadcasts, Photography

Franchising

Buying or Starting a Franchise, Franchise Agreements

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.

Popular countries to file in Africa
South Africa, Nigeria, Egypt, Algeria, Morocco, Kenya, Angola, Tanzania, Mauritius, Tunisia, Zambia, Ethiopia, Mozambique, Seychelles.

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