Trade marks are words or other marks, like logos, slogans or brand names that are
used to distinguish the goods or services of the trade mark owner from those of other
manufacturers and suppliers. When you register a trade mark, you have the exclusive
right to use that trade mark in connection with the goods or services for which it is
registered, This prevents the unauthorised use of your trade mark – or marks that are
confusingly similar by other traders.

Generally, any sign that is capable of being represented graphically can be registered
as a trade mark, which extends to device names, signatures, words, letters, numerals,
shapes, configurations, patterns, ornamentations, colours or containers for goods –
or any combination of these.
A mark can be a symbol, a person’s name or image, a corporate logo, an invented word
or an ordinary word, or a distinctive container for goods. It may be applied to the
surface of goods or incorporated into their shape or structure. It may be a musical
jingle, or a combination of colours in a particular format. As strange as it may seem,
even sounds and smells can be marks.

• You will need to know which name, logo or slogan you are looking to protect.
  Any trade mark that is registered should be a strong protectable brand. A
  fundamental requirement for registration of a trade mark is that it is “capable
  of distinguishing”; in other words, it must differentiate the goods or services of
  the trade mark owner from those of others.
• You will need to know in which class/es you are looking to obtain protection before
  proceeding with the filing. Please note that trademarks are filed in a particular
  class of goods or services in respect of which the trademark is intended to be
  used. A trademark can therefore only prevent the registration and use of a
  deceptively similar mark in respect of the same goods or services for which it
  has been registered. Please review the list of possible classes in which your
  trademark can be filed. A mark can only be filed in one class
  of goods or services, per trademark application.

Once your online trademark application has been completed, our team of professional trade mark
attorneys will review your application before lodging it at the South African Trademarks Office. We
will reach out to you if we require any clarification, additional details or documentation. Upon the
filing of your application, you can start to use the TM designation next to your brands which have been
applied for. The very next business day, you will also be issued with an official filing receipt from the
Companies and Intellectual Property Commission (CIPC) which includes the unique trade mark
application number that has been assigned to your filing. Full filing details, as set out in your
application, will also be reflected there.

Approximately 12 – 18 months after filing the Registrar of Trademarks will then examine the
application to determine whether the registerability requirements have been met. In certain
instances, the Registrar may issue an ‘official action’ in which certain requirements are set for
acceptance of the application. Once the requirements are complied with, if any, the application will
be accepted and will then need to be advertised in the Patent Journal. The application will then be
open for opposition by third parties for a period of 3 months. If no objections are raised during the
opposition term, a Certificate of Registration will be issued. Please note that we will keep you
updated of further developments in respect of your trade mark application, at each stage of the
process. In other words, when we receive feedback and information from the Trade Marks Office
regarding your application, we will immediately inform you. Also, you are welcome to contact one of
our trusted attorneys to provide you with an update or further clarification, at any time.

The cost involved in filing a South African trademark application through our online platform is
R3450 (excl. VAT) per class of goods/services. This includes all official fees and professional costs
associated with your trade mark filing.