Discover the risks and dangers of failing to register a trademark to understand the value and importance of trademark registration for your brand.
The Risks of Not Registering a Trademark
South Africa Trademark Registration
Protect Your Brand in South Africa Through a Simple Process Backed by Certified Local Attorneys
Simple steps to register your trademark
STEP 1
Comprehensive Trademark Study
Before filing your trademark in South Africa, you must evaluate any issues that may arise during the registration process. Our Comprehensive Trademark Study not only lists similar trademarks (graphic and phonetic) that may conflict with yours but also provides you with an Attorney's opinion on the trademark registration possibilities and the class(es) that your goods/services belong to.
- Graphic and phonetic similarity trademark search report
- Trademark attorney's analysis and advice
- Trademark class recommendation
STEP 2
Trademark Application Filing
Specialized attorneys will file your trademark application in South Africa and carry out all the necessary formalities to bring your application for approval and registration. As soon as your trademark is filed, we will send you a filing report that will include the application number and application date. Also, we will send you a scanned copy of the filed application.
- Process Handled by Experienced Trademark Attorneys
- Filing the Report & a Scanned Copy of the application
- Tracking the Registration Process Online
STEP 3
Trademark Registration Certificate
Once your trademark application is approved, our attorneys complete all the formalities necessary to obtain the registration certificate in South Africa. After the certificate is issued, it is forwarded to your address along with a registration report specifying the registration number, registration date, and any special consideration that should be taken into account in South Africa.
- Process Handled by Experienced Trademark Attorneys
- Delivery of Registration Certificate & Report
- Monitoring & Notification of Important Dates
Additional Services in South Africa
Discover how our services help protect and strengthen your brand in South Africa.
Trademark Renewal
Renew your trademark to maintain uninterrupted protection for your brand.
Renew TrademarkDomain Registration
Safeguard your local domain with ease through our trusted partner, Register.Domains.
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National vs. International Trademark Registration
Discover how national and international trademark registration compare, the pros and cons of each, and which is right for you.
Commonly Asked Questions About Trademark Registration
Learn answers to some of the most commonly asked questions on trademark registrations to improve your trademark knowledge.
Frequently Asked Questions
What is the typical duration for trademark registration approval?
The typical time it takes to get a trademark registration approved is about 24 months, as long as there are no objections or oppositions.
If I register my trademark in South Africa, will it be protected in other countries?
Your trademark registration is only valid within South Africa.
Do I need to sign a Power of Attorney to register a trademark?
To register a trademark, you must have a power of attorney.
Can you claim priority for a patent application in South Africa?
You can claim priority in South Africa if:
- Your home country is a member of the Paris Convention
- Your home application was filed no more than six months before the filing date in South Africa
Do I need to use my trademark before applying for registration?
No, you don't need to show that you've used the trademark. However, you must have a real "intent to use" it when you apply.
What rights do you gain by registering a trademark?
Registering a trademark grants the following rights:
- Exclusive rights to use the trademark
- Ability to oppose later conflicting trademark applications
- Right to cancel a later conflicting trademark registration
- Right to sue for infringement if others use a confusingly similar mark
- Ability to license the trademark to others
- Right to request customs to seize counterfeit goods
- Right to claim damages or compensation for trademark infringement
What is the duration of the opposition period?
The opposition period starts on the day the trademark application is advertised.
It concludes three months after the advertisement date of the application.
Does registering a trademark in South Africa grant me any legal rights?
In South Africa, you don't need to register a trademark to have rights to it. The court recognizes "prior use" as evidence of ownership. The 'first to use' rule applies here.
What are the steps involved in the trademark application process in South Africa after filing?
The application process follows these steps:
Can a registration be canceled?
Registration can be canceled for the following reasons:
- The mark is descriptive.
- The mark is generic.
- The mark lacks distinctiveness.
- The application was made in bad faith.
- The mark serves a functional purpose.
- The mark is used in a misleading way.
- The mark is misleading, deceptive, or disparaging.
- The mark includes a geographical indication.
- The mark is prohibited in this jurisdiction.
- The mark goes against public policy or moral principles.
- Protection of armorial bearings, flags, and other state emblems.
- The mark includes a badge or emblem of significant public interest.
- Refer to Section VIII.A. for Use Requirements.
What actions are necessary to meet the usage requirement for a trademark?
You need to use the trademark within five years from the date it is registered.
The usage can be minimal but must take place in South Africa.
How long is a trademark valid once it has been registered?
The trademark registration is valid for 10 years, starting from the date you apply.
Who is eligible to challenge my trademark application?
Anyone with a vested interest can challenge a trademark application.
Still have questions?