Trademark Registration South Africa. Protect your name, slogan or logo.
BrandLaw | The Art of Law
Register your trade mark to own exclusive rights to your brand, stop others from using something similar and to increase the value of your business with Trademark Registration in South Africa.
R2400 + government fees.
®
Get your trademark registered in South Africa.
Are you ready to take your business to the next level? To give your business the protection it deserves and set it apart from the competition? Get your trademark registration in South Africa from R2990.
“90% of business value now lies in intangible assets, with brands comprising the greatest value.”
– Forbes
“80% of common words are already trademarked”
– Harvard Law Review
Our team of expert attorneys will help you navigate the process of registering your unique logos, brand names, and slogans in South Africa, the US, EU and worldwide – and manage your rights for 10 years or more.
With a trademark, you can rest assured that your business will be safe from third party infringement and consumer confusion. Don’t let your hard work go unrecognised – start the process of trademark registration in South Africa today and secure your place in the market.
Check if your brand is available with our instant online trademark search.
Enter your brand name
Why register a trademark?
First to register wins.
First to register generally gets sole rights to the name. Delaying is risky – if someone else registers first you may be forced to rebrand.
Monetise your brand.
Brands comprise most of a successful company’s value. Registration maximises sale value, attracts investors and funding for your business. Get paid for others’ use of your brand – by licensing or franchising.
Exclusive rights.
Get sole rights and legal power to stop others from using a similar mark. Get protection from being sued for infringement. Remove copycats on online platforms, websites and domains.
Save money.
It’s 1% of the cost of enforcing unregistered rights in court – and more likely to succeed! A forced rebrand and loss of reputation is even more expensive.
Instant rights.
Reserve the name without use and reputation for up to 7 years from the filing date. Protect your idea before talking about it. Get time to plan your business.
Online protection.
The market has become international. Platforms like Amazon, Instagram, Facebook won’t help you against infringers if you don’t have a registration in at least one country.
How to register a trademark in South Africa?
We follow a simple process.
Search: you tell us about your mark, we recommend appropriate classes and do a search to find out if you can register the trade mark or if there are any conflicts. This takes 1-3 days.
Apply: We prepare the paperwork and submit an application to register the trademark in a way that maximises your protection and likelihood of success.
Register: We respond to examiner’s office actions, advertise the marks, and obtain the registration certificate. The process can take up to 24 months. We manage your mark for 10+ years.
Tell us about your mark
Tell us about your name or mark and what you do. We will advise you on what classes to choose. Ask any questions about the process.
Get a FREE basic search or a full search
We search for your trademark to see if it is taken or available. Discuss the results with an expert attorney.
We file your trademark
Our expert attorneys will file your trademark application – and report on examination in 7-9 months. We manage your mark for 10+ years.
What is the process and cost of trademark registration South Africa?
Learn more about the process, classes and costs for trademark registration in South Africa.
Let our certified expert attorneys take charge
Trademark Registration South Africa
South
From R2990
Our experts have a 100% acceptance rate when availability is confirmed by a search.
Add optional search for R2990 to confirm your mark is available.
Top tier trade mark practitioners certified by the South African Institute of Intellectual Property Law (SAIIPL).
We automatically handle minor roadblocks free of charge.
We report if your mark is provisionally refused or opposed by a third party.
We oversee the entire registration process and manage your mark for 10 years – until it is due for renewal.
What can you trademark?
A name, logo or slogan – or any other mark that customers associate with only you.
Examples
Names
NIKE
Logos
Slogans
JUST DO IT.
Colours
Cadbury Chocolate
purple
Patterns
Louis Vuitton
Monogram pattern
Packaging
Coca Cola
bottle
Shapes
Crocs shoe
Characters
Mickey Mouse
Persons
Nelson Mandela
Sounds
Darth Vader breathing
Lightsaber sound
Motions
Lamborghini
car door motion
Gestures
“Dab” gesture
by Usain Bolt
Smells
Play-Doh scent
Textures
Leather texture wrapping a bottle of wine
Layouts
Apple retail store
layout
Frequently asked questions
What’s a good trademark?
The best marks are made-up words (like KODAK) or arbitrary words that are not related to the products they are used in relation to (like APPLE for computers). Suggestive words (like JAGUAR for cars, suggesting elegance and speed) or combination words (like AIRBUS for airplanes) can also work well.
To qualify for registration a trade mark must be distinctive and not simply describe the nature or a quality of the products or services to which it is applied. Purely descriptive marks cannot be registered. Even if registered, your monopoly in a particular mark will be limited to the extent that others need to use the word in trade.
What are trademark classes?
Trademarks are classified in 45 different categories in accordance with the International Classification of Goods and Services – 34 for goods and 11 for services.
These classes are not strict categories. For example identical marks used for
- clothing in class 25 and retail of clothing in class 35 are likely to be confusingly similar
- software and sunglasses, both in class 9, are not similar.
Our experts will recommend the correct classes in our search report after you describe your business to us.
Our self-search only shows you the class a trade mark is in. To see the exact goods or service we will need to obtain the record from the Official Trade Marks Database with more details.
Your trademark will only be protected for those goods and services covered and each class requires a separate application at additional costs. So the more classes you file in the broader your protection is.
Each class will contain a number of goods or services and it is not always obvious which class is the most appropriate for your goods or services. Our experts will assist you with this of course.
What mark should I file?
You can file a Word Mark (a name in plain text), Stylised Word Mark (a word mark in a particular front) or a Logo (an image that represents you brand with or without wording).
A word mark will give you the widest protection and is usually first prize. A stylised mark or logo will give you more specific protection and will also protect the design (stylised elements) of your brand.
You can of course also file certain product shapes, packaging, colours, patterns, smells, sounds, persons, characters and other non-conventional marks.
What is the trademark registration process?
We first recommend a trademark search to confirm that your mark is available for registration.
Registration Procedure The registration procedure is as follows:
- The application is lodged at the Trade Marks Registry and allocated an application number and a filing date within three (3) days.
- The application is examined 7-10 months later and the Examiner will issue his examination report. He will either accept the application unconditionally or require us to comply with certain conditions for final acceptance, or he will refuse it.
- If it is refused, there are various ways to try and argue against and overcome the refusal. We will provide more information on possible further actions and associated costs if it gets to this.
- If the application is accepted and once any necessary conditions have been complied with the application is advertised in the South Africa Patent Journal for opposition purposes and interested parties then have three (3) months to lodge an objection to the registration of your mark. If no opposition is lodged, the trade mark will proceed to registration and the registration certificate will be issues
The entire registration process from filing to registration takes up to 24 months in a straightforward case. If further action is required or the mark is opposed it will take longer.
Once the trade mark proceeds to registration, it is protected from the initial date of filing (and not the ultimate registration date) for renewable periods of ten (10) years.
Can descriptive trademarks ever be registered?
Generally, no – but sometimes.
Trade marks that simply describe the nature or a quality of the products or services to which they is applied are not registrable.
However, descriptive mark can become distinctive through widespread use and promotion if consumers have come to exclusively associate the mark with you (such as SHARP for televisions), but a purely descriptive trade mark (such as APPLE for apples) may never be registrable.
Also, if you file a descriptive mark in a stylised form as Logo, you may get some rights in the descriptive wording but only in combination with the design.
I found a similar trademark. Can I still register mine?
It depends. An identical or similar trademark can often be used for unrelated goods or services.
A similar or same trademark is only a problem if (1) it is used or registered in the country where you want to register your trademark and (2) it covers similar goods or services to your own.
For example, the PUMA trade mark is being used by different companies in relation to energy and in relation to shoes. Even though the names are identical, the marks can co-exist because they target very different consumers.
I registered my company name – do I still need a trademark?
Yes, absolutely.
A company registration does NOT provide protection in a name. Only a trademark can give you exclusive rights to a name or protection.
You cannot use a company name registration to stop someone else using a similar trading name or protect yourself from being sued for trademark infringement.
Can I register my brand name and logo together?
Yes, though it is better to file both separately.
The Trade Marks Office lets you file one trademark – that’s one name, one logo, or one slogan – per application.
You can register a logo that includes text, but then the design and the text together are considered one trademark. Want them protected individually for broader rights? You’d need to file two applications.
How many trademark classes should I file in?
It depends on what you sell.
Your protection is usually limited to the classes that you file in.
For example, if you sell jewellery class 14 (covers jewellery) and maybe class 35 (retail services) for your shop or e-commerce website will be important. Do you also teach jewellery making? Add class 41 (covers providing of training, education and entertainment) .
If you have a restaurant and food delivery business, then class 43 (restaurant and food and drink services), class 39 (delivery services), class 9 (downloadable mobile applications), class 42 (cloud or browser based software as a service) and class 35 (online e-commerce website) might be relevant.
Can my trademark be refused?
Yes, if there is an earlier similar mark already on the Trade Marks Register that covers similar goods or services.
This is why we recommend a trade mark availability search. The search will locate potential obstacles and help us tailor your filing strategy to maximise chances of success and the breadth of your rights.
Your mark can also be refused if it is purely descriptive – for example if you want to register APPLE for selling apples – though we will advise you of the risk before filing.
How long is the trademark registration process?
It depends on the individual examiner assigned to your application – but on average around 24 months.
But remember that the most important date is the application date. Your protection will be backdated to the day that you filed your application.
It usually takes 7-9 months from filing until we receive the examiner’s report. The examiner will either accept, accept with conditions or provisionally refuse your trademark. If accepted, your mark is advertised for opposition purposes in the following month for 3 months. If no oppositions are lodged during this time, your mark will then proceed to registration in another 1-12 months.
However, if conditions of acceptance are issued or your mark is provisionally refused and we respond to comply with the conditions or argue against the refusal, it can take between 1-20 months for an examiner to process our response.
How long does my trade mark last?
Potentially forever.
A trade mark can be protected for renewable periods of 10 years. If used correctly and renewed every 10 years, a trademark can last forever.
What’s the difference between the ™ symbol and the ® symbol?
The ™ symbol can be used on a trademark by anyone at anytime. It shows that are using it as a trademark but it doesn’t give any rights.
The ® symbol means your mark is registered with the Trade Marks Office, backed by the legal powers and protections that come with it.
Looking for other trade mark related services?
Search for trademarks
See if the name or slogan you want to register us available.
Monitor trademarks
Protect your brand by being alerted of potential infringements.
Stop infringers
Take action against others using your brand, company name or creative works without permission.
Brand Consulting
Our brand expert will help you create your brand identity, strategy and positioning.
Domain names
Obtain or take down domain names in someone else’s control.
Social media takedowns
Remove conflicting brands or your creative works on social media,
Why use BrandLaw?
Expert quality legal services.
100% acceptance rate with availability search.
Quick turnaround time.
Attractive, flat rate fees.
Great customer service.
10 year trade mark management – or forever if you keep renewing it.
1000+
Trademarks registered
100%
Success rate
when availability confirmed by search
#1
Top tier law certified
trade mark experts
R2990
Flat-rate fees.
No hourly costs.
No surprises.
What our clients say
MST Black
Mikhail Jordaan, MD
“BrandLaw have proven themselves to be amazing partners and superb lawyers. So when we need reliable lawyers we go to them.”
Butan Wear
Julian Kubel, CEO
“We’ve had great experiences working with BrandLaw. They assisted our company with registering our trademarks and gave us professional support and guidance through three major infringement matters. I can highly recommend BrandLaw’s services”
The Travel Manuel
Lauren Manuel
“BrandLaw’s advice in my trademark application and copyright infringement case has been instrumental in regaining years of my work and digital assets. With BrandLaw’s assistance I had the power to reclaim my life’s work so far.”
