Trade Mark Domain Names in South Africa

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South African trademark laws can apply to domain names, provided that the domain name is a registered trade mark. Registering a domain name as a trade mark is possible but can be complex. Domain names that are similar to existing trademarks may infringe on the rights of the trademark owner.

For example, a company with a well-known brand, such as a soft drink manufacturer, may register its domain as a trade mark to prevent others from using similar names that could confuse users. However, with no regulatory body specifically enforcing trademark rights on domain names, such infringements can occur.

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Transferring a Trade Mark

Trade marks can be transferred through assignment, allowing them to be bought or sold. Alternatively, trade marks can be licensed to another party, who pays royalties for their use. Like patents, trade marks can also be used as security.

Trade Mark Duration

Once a trade mark is registered in South Africa, it must be renewed every 10 years to remain valid. If renewals continue, rights to the trade mark may last indefinitely. A registered trade mark can be protected indefinitely, provided it is renewed every 10 years with the prescribed fee. If a 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.

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