Smit & Van Wyk attorneys will file your trademark application in South Africa and carry out all needed tasks in order to obtain registration approval. As soon as your trademark is filed we will send you a report which includes the application number and date, as well as a scanned copy of the filed trademark application. Once your trademark application is approved, the Smit & Van Wyk, Inc. trademark attorneys will complete all necessary tasks in order to obtain the registration certificate from South Africa Trademark Office. We are a team of specialist intellectual property attorneys and professionals with years of experience in filing & prosecuting trademarks, trademark searches, trademark monitoring, trademark litigation, disputes & settlement agreements, domain name disputes and Advertising Standard Authority Disputes.
- Your trademark registration application will be filed correctly and according to your instructions
- If any rejections arise during the registration process, we will advise you regarding the necessary course of action
- All information provided will be kept in absolute confidence.
Examples of Trademarks:
Name, Slogan, Logo, Shapes, Three-dimensional Marks, Colors, Holograms, Motions / Multimedia, Positions, Gestures, Olfactory (smells / scents), Sounds / Tunes, Tastes, Textures.
A Trade mark 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.
It is advisable that the trademark be searched before the application is made. 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 trademark searches may also be conducted, 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. We recommend doing an international trademark search in each of the countries in which you wish file a trademark registration.
Once a logo is registered as a trademark in South Africa, it needs to be renewed every 10 years to stay in force. A registered logo can be protected forever, provided it is renewed every 10 years upon payment of the renewal fee. If your registered trademark has not been used for a continuous period of 5 years, another person may apply to have it removed from the Registrar. It is advisable to do a formal search for any similar registered logos before you apply for your logo trademark.
Once a trademark is registered in South Africa, it needs to be renewed every 10 years to stay in force. However, provided you continue renewing your trade mark registration, your rights to the trademark may last indefinitely. 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.