How to Trademark a Name?

September 16, 2011
Trade Mark News and Interesting Facts

What can be Trademarked:

Any name that is used in trade to distinguish your goods or services from the goods and services of others as long as it can be represented graphically.

Examples of possible name Trademarks:

company names / product names / shop names / service names

Requirements for a Trademark:

1. Distinctive – The name must be distinctive and not only describe the goods or services to which it relates
2. Available – The name may not be identical or confusingly similar to a name which is already registered, applied for or used in South Africa in respect of the same or similar goods/services.

Step 1
Contact the trademark attorneys at Smit & Van Wyk, Inc. regarding your intended name trademark at enquiries@svw.co.za, or complete the form below.
This is not an official booking, just a contact request.

Any information or images supplied will be protected under the attorney-client privilege with strict confidentiality, whether you decide to continue with the application or not.

Step 2
Our experienced trademark attorneys will contact you regarding your intended trademark.

Step 3
You supply our trademark attorneys with the following information and documentation:

1. Applicant: full names and nationality.
2. Trade mark: Name
3. Classes of interest: please describe the goods and/or services for which the trade mark is to be protected.
4. Physical and postal address of the applicant.
5. Entity to be invoiced and VAT registration number (if applicable).

Step 4
A possible trademark search will be conducted to find similar or identical trademark names. It is not compulsory for a search to be conducted in order to file a trademark application. However, a search is highly recommended for the following reasons:

1. The registration process can take up to three years to be completed. Rather be safe than sorry.
2. You could be infringing on another person’s trademark.

The costs of conducting a full trade mark availability search in respect of one trademark in any number of classes, inclusive of all fees, official expenses and VAT is:

1. Word mark – R2508.00 per mark
2. Logo – R2850.00 per mark

Step 5
Our trademark attorneys will contact you regarding the outcome of the trademark search. We then assess the outcome of the search and will advise you whether to continue with the application or not.

Trademark application cost:

The total costs of a trade mark application from filing up to registration (where no opposition is filed) is between R3500.00 and R4500.00 (VAT inclusive) per application, depending on the Registrar’s requirements.

The initial costs of preparing and filing a trade mark application, inclusive of all fees, official expenses and VAT is:

1. First Application – R2813.00
2. Second onwards application – R2585.00 per application

Feel free to contact us should you have any questions or require assistance with any trade mark related matter.

PLEASE NOTE THAT PRICES ARE SUBJECT TO CHANGE WITHOUT PRIOR NOTICE. PRICES ARE ONLY AN INDICATION. PLEASE CONTACT OUR OFFICE FOR A FORMAL QUOTATION.

Contact Details for Smit & Van Wyk:

Tel:
+27 (0) 12 349 7800

Fax:
+27 (0) 86 619 0493

E-mail:
enquiries@svw.co.za

Physical Address / Courier
Block A Apex Corporate Park
Quintin Brand Street
Persequor Technopark
Meiring Naudé Avenue
Pretoria
0184
South Africa

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