A trade mark is any word, symbol, design, or phrase that can stand alone or be combined with others to represent a brand, product, or company. In South Africa, it is not required to register a trade mark to use it, but registration is highly recommended.

Once a trade mark is registered, the holder obtains exclusive rights to its use for the products or services for which it is registered. This means that no one else may use the trade mark on their products or services without an agreement with the registered trade mark holder.

Enforcing Trade Marks and international registration

If someone uses your trade mark without permission or contrary to an agreement with you, you have the right to take legal action against that person or entity. This makes trade mark registration an important consideration for businesses serious about protecting their brand.

Trade marks must first be registered in South Africa before registering in other countries. For international protection, it is recommended to conduct an international trade mark search in each country where you intend to file a registration. This helps prevent conflicts and ensures your brand is legally protected globally.

Registering a Trade Mark in multiple categories

It is important to register your trade mark for each category in which you intend to use it. The registration process is straightforward if the forms are completed correctly, but it is recommended to work with an intellectual property attorney.

Our firm specialises in intellectual property law, including patents, copyright, designs, and trade mark registration. We can complete the forms on your behalf, guide you through the registration process, and handle all legal aspects to ensure your intellectual property is fully protected.