For most businesses, trade marks in South Africa play a critical role, as they are the marks by which the public recognises a brand, product, or service. Without trade marks, it would be difficult for consumers to identify products at a glance. A trade mark can be any name, word, phrase, logo, symbol, design, image, or a combination of these elements that distinguishes one product from another.
Building a strong relationship with consumers is essential for creating a sustainable market. Protecting recognisable trade marks is therefore important, as these marks signal the presence of your brand and help maintain consumer trust and loyalty.
Trade Mark duration in South Africa
Once a trade mark is registered in South Africa, it must be renewed every 10 years to remain in force. If you continue to renew your trade mark and pay the prescribed renewal fees, your rights to the trade mark can potentially last indefinitely.
A registered trade mark can be protected indefinitely as long as it is renewed every 10 years. However, if a trade mark has not been used in South Africa for a continuous period of five years, another person may apply to have it removed from the Register. Regular use and timely renewal are therefore essential to maintain long-term protection.
Trade Mark exclusions in South Africa
Certain marks may not be registered as trade marks in South Africa. Emblems are protected under the Merchandise Marks Act and include the Seal of the Republic, the Coat of Arms, national monuments, and representations of current and former State Presidents. Use of these emblems in a trade mark is prohibited without permission from the Minister of Trade and Industry, the owner of the emblem, and the National Monuments Council.
National flags cannot be used in a trade mark unless the necessary permissions are obtained from the relevant authorities.
Some words are not considered capable of distinguishing goods or services and therefore cannot serve as trade marks. Examples include:
- 24 HOURS
- CHEESE, which cannot be used as a trade mark for cheese
- SERVER, which cannot be used as a trade mark for computer-related services
These restrictions ensure that trade marks remain distinctive and do not mislead the public.
Registering a Company with the CIPC in South Africa
If you want your business to operate in the formal sector or access government support, you must register a company with the Companies and Intellectual Property Commission (CIPC) in South Africa.
There are five different types of companies that can be registered with the CIPC. During the registration process, it is possible to submit up to four different company name options in a single application. This increases the likelihood of securing a name that is approved and available for your business.
