Register a Trademark

1) In order to start the trademarking process, your requested trademark will first need to be examined. In this process, there are multiple searches conducted to ensure that your idea does not infringe on any already registered trademarks or are confusingly similar to an already trademarked idea.

2) Once the examination is processed, the Trademarks Office will either accept the application, or they might require certain conditions to be met, or they might refuse the application. Should your application be refused, you will need to start the process again. The trademark applicant may then accordingly amend the application or make representations to the Trademarks Office.

3) Once the application has been accepted by the Trademarks Office, the applicant needs to advertise the acceptance of the application the Trademark Journal. The application is open to opposition by any interested parties for a prescribed period of 3 months.

4) The application is then accepted, advertised and has not been opposed. Meaning that the Trademarks Office can formally register the trademark and provide you with your certificate of registration.

Dangers of not having a Trademark in South Africa:

• You will not have any registered legal exclusivity to your name, slogan, or logo etc.
• You will not have a statutory action available against anyone who uses a same or similar mark on similar or identical goods or services in South Africa.
• If your trademark is registered in SA, it serves as prima facie proof of the validity of the trademark and title to the mark.

A mark is a unique symbol, word, or phrase legally registered or established by use as representing a company or product. In South Africa, it serves as a representation of your brand’s identity and differentiates your goods or services from those of other entities.

The CIPC provides a comprehensive overview on Trademark Registration in South Africa.

Registering a trademark in South Africa is crucial for business owners. It provides legal protection for your brand, ensuring that it cannot be used without your permission. This helps to safeguard the identity and integrity of your business.

The process can take anywhere from several months to a couple of years, depending on the complexity of the application and any objections that might arise during the examination phase. Our expert will offer guidance on the time period based on your application.

 The ™ symbol can be used with your mark to indicate that you are claiming it as a trademark. Once your mark is registered, you can use the ® symbol, which stands for “registered” and provides a public notice of your registration.

As experts in business compliance and registration, Company Partners can guide you through the entire process of trade mark registration, offering support and advice to ensure your brand is protected.

In South Africa, a registered Mark is valid for 10 years from the date of application and can be renewed indefinitely for subsequent 10-year periods.

If another party uses your registered Mark without permission, it constitutes infringement. You can take legal action against the infringing party, seeking remedies such as damages or an interdict.

To register a Mark, you should file an application with the Companies and Intellectual Property Commission (CIPC). The process involves a search for existing trade marks, filing the application, and awaiting the examination and approval by CIPC. For detailed guidance, visit the CIPC’s official website or the government’s service page.