Smit & Van Wyk Patent, Trademark & Registered Designs

South Africa Trademarks

Intellectual Property Attorneys

For most businesses, South Africa Trademarks play a very important role, as it is the mark by which the public recognises their brand, product or service. Without trademarks, it will be virtually impossible for consumers to identify various products on sight only, as this mark can be any name, word, phrase, logo, symbol, design, image, or a combination of these elements that distinguishes the product from other similar products. As a business, the idea is to build a relationship with your consumers or customers, in order to create a sustainable market. It is thus very important to protect recognisable trademarks, as this is what notifies the public of the presence of your brand.

South Africa Trademarks Duration

Once a Trade Mark 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 in South Africa, your rights to the trade mark may last indefinitely. A registered trade mark can be protected forever, provided it is renewed every 10 years upon payment of the prescribed renewal fee. If your registered trade mark 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. Read more about trademarks in Africa.

Trademark Exclusions

Marks that may NOT be Registered: Emblems fall under the protection of the Merchandise Marks Act. The following are regarded as state emblems: Seal of the Republic, Coat of Arms of the Republic, National Monuments, The representations of the present and all former State Presidents of the Republic.

National Flags – use may not be made of it in a trade mark. Use can be made of these state emblems only with the permission of the Minister of Trade and Industry, together with the consent of the owner of the state emblem and that of the National Monuments Council.

Words that are NOT capable of distinguishing for purposes of the Trade Marks Act:
Example – 24 HOURS
Example – The word CHEESE cannot serve as a trade mark for cheese
Example – The word SERVER cannot serve as a trade mark for computer related services

Register a Company

If you would like your business to transact in the formal sector, or wish to access government support, you are required to register a company with the Companies and Intellectual Property Commission (CIPC) in South Africa.  There are five different types of companies that may be registered with the CIPC in South Africa and it is possible to apply four different company names during each application process.

Posted on 26 November 2009
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Patent Attorneys
It is highly recommended that your claims be written by a qualified patent attorney or patent agent. The patent attorneys at Smit & Van Wyk provide a wide range of patent-related services across multiple industries and fields of technologies, including patent drafting, filing and prosecution.

Mauritius Trademarks
Mauritius trademarks recognise the Nice Classification of goods and services, and allows for multi-class filing. Mauritius trademarks are valid for 10 years from the filing date and renewable for periods of 10 years each upon payment of the renewal fee.

Franchise Attorneys
Franchising legal advice is specialised and differs from other areas of law, thus you need find yourself an attorney that specialises in this specific type of law. Franchise attorneys represent the franchisor, as well as the franchisee. 

PCT National Phase Patents
The PCT National Phase is the second of the two main phases of the PCT procedure. It follows the international phase and consists in the processing of the international application before each Office of (or acting for a Contracting State) that has been designated in the international application.