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Intellectual Property

South Africa

Trademark Registration

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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.

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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