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Intellectual Property

South Africa

Trademark Forms (TM1 and TM2)

Home / South Africa / Trademark Forms (TM1 and TM2)

Should your application comply with all the formal requirements, and the required official fee has been received by the Office, the application will be allocated an application date and an official application number. All communications with the Office should at all times include the application number as reference. Field 74 of form TM1 “address for service” is the address at which you will be receiving all the communications from the Office. Please be sure to inform the Office by requesting “a change of address for service” on form TM2 in case this address changes. The address for service MUST at all times be an address within the Republic of South Africa. It is advisable that the trademark be searched before the application is made. In order to be considered registerable, your mark must be capable of distinguishing your goods or services from those of your competitors.

Manual Application: Form TM1 must be completed. You have to file separate applications for each class of goods/services. Indicate all the goods/services for which you would like to use the trademark.

Electronic Application: Register as a user on the CIPC e-filing website registration. International classification for the trademark has to be indicated. You have to file separate applications for each class of goods/services.

Trade Mark Examples

Name, Slogan, Logo, Shapes, Three-dimensional Marks, Gestures, Olfactory (smells / scents), Sounds / Tunes, Tastes, Textures, Colors, Holograms, Motions / Multimedia, Positions. Conventional and Non-conventional trade marks. 

Trade Mark Duration

Once a trademark is registered in South Africa, it needs to be renewed every 10 years to stay in force.  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.

What We Can Do For You

South Africa

South Africa

We assist with the filing, prosecution and enforcement of your patent, design, trade mark and plant breeders’ rights in South Africa. Copyright dispute resolution and litigation. Franchise agreements and negotiation. Company registrations. Domain name registration and protection.

Patents in Africa, Trademarks in Africa

File in Africa

Foreign clients who wish to file patent, design and trade mark applications in South Africa and across Africa (including OAPI and ARIPO). Our firm acts as a patent agent as well as a trade mark agent for foreign clients who wish to protect their Intellectual Property in Africa.

World, International Protection

International Protection

Local clients who wish to file and protect patent , design and trade mark applications internationally. Our services include the search, filing and renewal of patents and trade marks in foreign markets such as Australia, China, the United States, Canada, Europe, Japan, etc.

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Domain Names

Domain Names

In simple terms, a domain name is the address through which internet users can access a website, for example, www.companyname.co.za or www.companyname.africa or www.companyname.com. Although these...

Common Law Tort of Passing Off

Common Law Tort of Passing Off

A question that inevitably arises is whether unregistered trade marks are afforded protection in South Africa and if so, to what extent. South African trade mark law is hybrid legal system governed...

South Africa

South Africa

The Smit & Van Wyk team of experienced intellectual property attorneys are able to provide legal advice regarding your patents, trade marks and copyright. We are a specialist...