Smit & Van Wyk Patent, Trademark & Registered Designs

Trademark Registration

Intellectual Property Insights

Trademark 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 trademark registration outweigh the waiting period and any costs involved. For one, trademark 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, trademark registration must be done to ensure protection of the brand. Through licensing agreements one can thus ensure royalty income for the usage of the trademark. A registered trademark represents the mark that distinguishes your products / services from others. Trademarks are filed with the intellectual property office (CIPC) in Pretoria an will be subject to certain requirements. 

Trademark Registration Services

Smit & Van Wyk offers assistance with trademark 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 trademark attorneys have a proven track record of successful trademark registration in South Africa and internationally (also see OAPI and ARIPO). We handle the initial trademark searches to ensure that the trademark you want to register is not already in use. This will minimise the risk of objections which can delay the trademark registration progress.

In addition we also provide assistance in the assessment of the trademark strength and will help you select the most appropriate classes for trademark 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 trademark objections in addition to licensing agreements, we are also able to assist.

Trademark Search

It is advisable that the trademark be searched before the application is started. 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 trademark offices of foreign countries. A search has to be conducted to make sure there is no similar or identical trademark on the register preventing the registration of your trademark. International Trademark Search: You should consider doing a trademark search in each of the countries in which you wish to register your trademark.

Trademark Registration Requirements

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

Trademark Search
We will advise if a trademark search is required.

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

Trademark
A copy of your intended trademark (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 trademark to. Describe the relevant goods or services arroding 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.

Posted on 16 February 2016
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Intellectual Property World, International, Abroad

International Trademark Protection

There is no such thing as an International Trademark. You should file a trademark in each of the countries in which you offer your products or services and you should also consider filing in countries where you intend to use the mark in the future, but some countries do have use requirements. Various international agreements make it possible to file a single logo registration in more than one country:

BOIP (Belgium, Luxembourg and the Netherlands)
Community Trademark (European Union)
Madrid Agreement (97 Contracting Parties)
OAPI (17 French speaking member states in Africa)
ARIPO (19 English speaking member states in Africa)

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Trademark Registration, Trademark Search, Trademarks
Trademark Registration, Trademark Search, Trademarks
Trademark Registration, Trademark Attorneys, Brand Protection
Trademark Law - Trademark Attorneys - Brand Protection