Trade mark registration is done to ensure that the products for which registrations are completed are uniquely marked and distinguishable from that of competitors. The benefits of trade mark registration outweigh the waiting period and any costs involved. For one, trade mark registration adds value to a company. The value of a business is not only determined by its physical assets, but also by intellectual property assets.

When one considers franchising, trade mark registration must be done to ensure protection of the brand. Through licensing agreements one can thus ensure royalty income for the usage of the trade mark.

A registered trade mark represents the mark that distinguishes your products / services from others. Trade marks are filed with the intellectual property office (CIPC) in Pretoria an will be subject to certain requirements. 

Trade Mark Registration Services

Smit & Van Wyk offers assistance with trade mark registrations in South Africa and abroad. Once the registration has been completed, you have permission to use the ® symbol on your mark and it can also act as deterrent against potential infringement by other parties. Our trade mark attorneys have a proven track record of successful trade mark registration in South Africa and internationally (also see OAPI and ARIPO). We handle the initial trade mark searches to ensure that the trade mark you want to register is not already in use. This will minimise the risk of objections which can delay the trade mark registration progress.

In addition we also provide assistance in the assessment of the trade mark strength and will help you select the most appropriate classes for trade mark registration for your particular product or service. With more than 45 classes available, such expertise is certainly useful. When it comes to the renewal, restoration or handling of trade mark objections in addition to licensing agreements, we are also able to assist.

Trade Mark Search

It is advisable that the trade mark be searched before the application is started. This will provide an indication of whether there are existing trade marks which are identical or similar to yours. Foreign trade mark 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 trade mark. International Trade Mark Search: You should consider doing a trade mark search in each of the countries in which you wish to register your trade mark.

Trade Mark Registration Requirements

In order to register your mark, we require the follwoing information. This is necessary, as one has to file a separate trade mark application in each of the classes related to your product(s) / service(s). Trade marks applications are filed at the South African Trade Marks Office (CIPC) and foreign trade mark registrations may be obtained should you wish to market your product in foreign countries.

Trade Mark Search
We will advise if a trade mark search is required.

Applicant
Full names and a copy of ID. Physical and postal address of the applicant.

Trade Mark
A copy of your intended trade mark (name, slogan or logo). If it is a logo, an electronic copy of the logo must be supplied.

Class(es)
Details of all products or services that you intend applying the trade mark to. Describe the relevant goods or services according to the Nice Classification of Goods and Services.

Invoice Details
Entity to be invoiced and VAT registration number (if applicable)

Countries to File In
We need to quote on each separate Country or System.