Trademark Applications in South Africa

A Trademark is registrable if it serves the purpose of distinguishing the goods/services of one trader from those of another trader. It does not consist exclusively of a sign or an indication which may serve, in trade, to designate the kind, quality, quantity, intended purpose, value, geographical origin or other characteristics of your goods or services, or the mode or time of their production or of rendering of the services.

It is always advisable that the trade mark be searched before the application is made. Your trade mark must be capable of distinguishing your goods or services from those of your competitors. To this end, we can conduct searches through the records at the South African Trade marks Office. This will provide an indication of whether there are existing trademarks which are identical or similar to yours. Foreign trade mark searches may also be conducted.

Trade Mark Duration
Once a Trade Mark is registered in South Africa, it needs to be renewed every 10 years to stay in force. However, provided you continue renewing your trade mark registration in South Africa, your rights to the trade mark may last indefinitely. A registered trade mark can be protected forever.

Examples of Trade Marks:
Name, Slogan, Logo, Shapes, Three-dimensional Marks, Colors, Holograms, Motions / Multimedia, Positions, Gestures, Olfactory (smells / scents), Sounds / Tunes, Tastes, Textures.

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