TRADE MARK

Companies


Name Reservations
Private Company Registrations
Non Profit Company Registration
Personal Liability Company Registration
Director Changes
Company Name Change

Address Change and Update
Deregistrations
Restorations


Other Applications


SARS Tax Clearance

Share Certificate
Annual Return Submissions

Import & Export Permits

CC Changes
Company Deregistrations
Company Restoration
Vat and Paye Registration

Bee Affidavit

Contact us | Email us | Tel: 0861 27 3727

SOUTH AFRICAN COMPANY REGISTRATIONS

© South African Registrations. All Rights Reserved  |  Terms & Conditions  |  Contact us  |  About us  |  News  |  Payments

Links


Payroll Software
Accounting Software
Find an Accountant
Websites and Domains

Department of Labour
South African Revenue Services (SARS)
Companies Commission
Trusts, Will and Estate Planning
Trademarks

SOUTH AFRICAN COMPANY REGISTRATIONS

What is a trade mark

A trade mark is how a business promotes itself visible in the marketplace and can be a name, slogan or logo or a combination of these. The best trade marks are instantly recognizable e.g. Coca Cola, Apple, Microsoft, Nike, etc. The terms "trade mark" and "mark" are commonly used to refer to both trade marks and service marks. A registered trade mark is legally enforceable and it give you exclusive rights to use, sell and licence that mark for which it is registered.

What is the purpose of a trade mark

To distinguish your goods and services from someone else's.

What are the benefits to have a trade mark registered:

1. to have the exclusive right to use your registered trade mark as a brand name for the goods or services.
2. to have a registered trade mark, which is an Intangible asset and can be sold.
3. to have your product or service mark protected in the whole of South Africa.
4. to block the trade mark registers and prevent third parties from registering confusingly similar trade marks.
5. to prevent third parties from registering companies which may have confusingly similar names  – this is a very strong right, enshrined in a statute, which is an act of parliament.
6. to be a financial or tax benefit in certain cases. A trade mark could have tremendous value and could also be added to a balance sheet.

One of the best advantages is the fact that one is afforded a monopoly in the specific trade mark registration. This gives one the right to sue for infringements or object to other names as mentioned above.

Using the ™ symbol

You may use ™ behind your trade mark at any time.

Using the ® symbol

Once your trade mark is finally ® registered it is good business practice to place the ® symbol immediately adjacent to your trade mark. This puts others on notice to respect your trade mark and aids in protecting your valuable intellectual property. The symbol ® is used for registered trade marks.

How long will the registration take

The trade mark application usually takes approximately 12-18 months to be examined, depending on the workload at the Trade Marks Office. Once any conditions have been met or refusals overcome, the application is accepted and published in the patent journal. If no oppositions are entered or any entered oppositions are overcome, the registration certificate will be issued. This entire process usually takes approximately 24-36 months, but could also take longer.

Is it an offence to use the ® if my trade mark is not registered

Yes

How long does a trade mark last

This is valid for 10 years and can be renewed perpetually for 10 years at a time.

Will my trade mark also be registered outside South Africa

No, your registration will only be registered and be valid in South Africa.

Can I register my company name as a trade mark

Yes. A company name registration is separate from a trade mark registration and by registering such a name will protect this independently from your company name.


The trade mark registration process


Submit your trade mark application below and a trade mark attorney will be in contact with you to assist further.


Trade Mark Registration

Trade Mark Application

Registered
Trade Mark

Trade Mark

Service Mark

TM

SM

®

<<< Back