Trademark Registration in South Africa

Those interested in trademark registration in South Africa must file an application for their chosen mark with the Companies and Intellectual Property Commission (CIPC). The process is a multi-step one for which our lawyers in South Africa highlight the main stages below.

What is a trademark?

A trademark is broadly defined as a logo, a symbol, a combination of letters and/or numbers, colours, designs, or 3D objects that is used to identify the services or goods offered by a business.

Entrepreneurs interested in company formation in South Africa will often be interested in creating their brand image and name and this will be done by creating a unique trademark to associate with their company.

What advantages does trademark registration in South Africa offer?

While it is not mandatory to register a logo for a business, a trademark receives full statutory protection only when registered (unregistered marks rely on the common-law action for passing off), as defined by law in the Trade Marks Act 194 of 1993. This means that a logo created for a business will not be recognized as belonging solely to that company unless it is registered according to law.

Some of the advantages associated with registering a chosen mark are summarized below by our South African lawyers:

• Sole usage rights for the company that registers the mark;
• The possibility of using the symbol that confirms the mark registration;
• Nationwide ownership of the mark. An attorney in South Africa from our team can give you details about international mark protection;
• Once trademark registration in South Africa is complete, the company owning the mark has the right to sue other parties for trademark infringement.

Registering your mark can be an efficient long-term strategy to protect your business interests.

What are the main requirements for registering a trademark with the South African authorities?

Before you apply for trademark registration in South Africa you have to make sure that the mark intended for registration is not already in use by another trader, nor is it too similar with an existing, registered one.

The mark cannot be a protected emblem, it cannot be offensive or deceptive. A preliminary trademark verification is available, to ensure that the desired mark is available for registration.

Once the process for trademark registration in South Africa is performed accordingly, the mark can be protected indefinitely, provided that the renewal is made every ten years.

The intellectual property law experts at our law firm in South Africa can give you more details about the lifespan of a trademark and the laws that govern their protection, including in the case of branches that will be using the trademarks of their parent companies based abroad.

What are the trademark registration steps?

The stages of trademark registration with the CIPC in South Africa can be summarized as follows:

• Preliminary mark verification;
• Lodging the trademark application;
• Awaiting the mark processing and examination;
• Receiving the decision for mark acceptance;
• Waiting for the opposition period to end;
• Having the mark officially registered.

We remind those interested that each application for intellectual property protection is subject to a fee:

• R 590 per class for trademark applications;
• R 240 for design applications;
• R 510 for copyright applications.

The protection period starts on the application date. Any renewals are subject to additional fee payments and failure to renew the mark before its expiry includes penalties. Our lawyers in South Africa can provide details about trademark maintenance.

Contact us for more information about the requirements and for assistance throughout the process for trademark registration in South Africa. Our team of experts in company formation in South Africa can also help you open a company.