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TRADEMARKS

“A great trademark is appropriate, dynamic, distinctive, memorable and unique.”

-Primo Angeli

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.

Kindly fill out the De Beer Attorneys Inc New Client Form here.

Step 1:

Step 2 & 3:

Step 4:

Select relevant classes for your trademark. Please note that there is an additional cost for multiple classes.

Class no. Class description
Class 1 Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins; unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry.
Class 2 Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordants; raw natural resins; metals in foil and powder form for painters, decorators, printers and artists.
Class 3 Bleaching preparations and other substances for laundry use; cleaning,polishing, scouring and abrasive preparations; non-medicated dentifrices.
Class 4 Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels (including motor spirit) and illuminants; candles and wicks for lighting.
Class 5 Pharmaceutical and veterinary preparations; sanitary preparations for medical purposes; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides.
Class 6 Common metals and their alloys; metal building materials; transportable buildings of metal; materials of metal for railway tracks; nonelectric cables and wires of common metal; ironmongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores.
Class 7 Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements other than hand-operated; incubators for eggs
Class 8 Hand tools and implements (hand-operated); cutlery; side arms; razors.
Class 9 Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire extinguishing apparatus.
Class 10 Surgical, medical, dental, and veterinary apparatus and instruments, artificial limbs, eyes, and teeth; orthopedic articles; suture materials.
Class 11 Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply, and sanitary purposes.
Class 12 Vehicles; apparatus for locomotion by land, air, or water.
Class 13 Firearms; ammunition and projectiles; explosives; fireworks.
Class 14 Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewelry, precious stones; horological and chronometric instruments.
Class 15 Musical instruments
Class 16 Paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists' materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); printers' type; printing blocks.
Class 17 Rubber, gutta-percha, gum, asbestos, mica and goods made from these materials and not included in other classes; plastics in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes, not of metal.
Class 18 Leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides; trunks and traveling bags; umbrellas, parasols and walking sticks; whips, harness and saddlery.
Class 19 Building materials (non-metallic); nonmetallic rigid pipes for building; asphalt, pitch and bitumen; nonmetallic transportable buildings; monuments, not of metal.
Class 20 Furniture, mirrors, picture frames; goods (not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, or of plastics.
Class 21 Household or kitchen utensils and containers; combs and sponges; brushes (except paint brushes); brush-making materials; articles for cleaning purposes; steel-wool; unworked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not included in other classes.
Class 22 opes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags (not included in other classes); padding and stuffing materials (except of rubber or plastics); raw fibrous textile materials.
Class 23 Yarns and threads, for textile use.
Class 24 Textiles and textile goods, not included in other classes; beds and table covers.
Class 25 Clothing, footwear, headgear.
Class 26 Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers.
Class 27 Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings (non-textile).
Class 28 Games and playthings; gymnastic and sporting articles not included in other classes; decorations for Christmas trees.
Class 29 Meat, fish, poultry and game; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs, milk and milk products; edible oils and fats.
Class 30 Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking powder; salt, mustard; vinegar, sauces (condiments); spices; ice.
Class 31 Agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals; malt.
Class 32 Beers; mineral and aerated waters and other nonalcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages.
Class 33 Alcoholic beverages (except beers).
Class 34 Tobacco; smokers' articles; matches.
Class 35 Advertising; business management; business administration; office functions.
Class 36 Insurance; financial affairs; monetary affairs; real estate affairs.
Class 37 Building construction; repair; installation services.
Class 38 Services allowing people to communicate with another by a sensory means.
Class 39 Transport; packaging and storage of goods; travel arrangement
Class 40 Treatment of materials.
Class 41 Education; providing of training; entertainment; sporting and cultural activities.
Class 42 Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software.
Class 43 Services for providing food and drink; temporary accommodations.
Class 44 Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services.
Class 45 Legal services; security services for the protection of property and individuals; personal and social services rendered by others to meet the needs of individuals.


Please click Here to download the Power of Attorney form required for the application. Kindly complete and sign the form (electronically or in writing) and upload the signed document below.