Trademark Registration in .
Learn everything you need to know about the South Africa trademark registration process.
Even though the process of registering a trademark varies from country to country and can be delayed due to several reasons, it is always beneficial to get a trademark registered. A trademark will help the business achieve distinctiveness and authenticity. By registering a trademark, the trademark owner can also use the sign ™, which helps to establish goodwill and brand image. One of the major benefits of getting a trademark registered is that it protects the trademark owner from infringements and counterfeiters.
To understand the South Africa trademark registration process, let us look at it in depth.
South African trademark registration services
To register a trademark in South Africa, all the applications have to go through the Companies and Intellectual Property Rights Commission (CIPC). Multiple class filings are not allowed in South Africa; thus, if someone wants to register a trademark in multiple classes, he would have to file a separate application for each class. To file an application, the applicant must provide the following information:
- Name and address;
- Details of the trademark;
- The class in which the goods and services will fall;
- A power of attorney is also required.
Types of Trademarks
Types of trademarks in South Africa
The main point is that the trademark should be distinctive. Some trademarks are not accepted. This includes:
How to register a trademark in South Africa?
Before filing an application, it is important to conduct a search to know whether there are identical or similar trademarks or why were trademarks were rejected in the first place.
The applicant has to send or hand in the trademark application form to file an application, known as TM1. For every class, a separate trademark application form has to be filed. The form will contain the contact details of the trademark owner, a graphical illustration of the trademark, and the class used for the goods and services.
Once the application is filed, CIPC formally examines the application, checking if it is accurately filled and if the application fee is paid. If everything is in check, the trademark registration application is given an official date and application number.
After the formal examination, the application is substantially examined. During this, the application is checked to see if it lies within the legal boundaries and if the trademark can be registered in the first place. The application is also checked to see if the trademark conflicts with existing trademarks.
Publication and Opposition
If the application passes through the examination and gets accepted, it is then published in the Patent Journal for three months. Third parties and the public are allowed to oppose the application by providing proper proofs and evidence.
If there is an opposition, then the CIPC gives both parties time to provide proofs and evidence to support their claims, and the decision is given accordingly. If the application receives no opposition, it is then registered, and a trademark registration certificate is then issued.
Price of Trademarks
Trademark registration cost in South Africa
The cost of registering a trademark in South Africa ranges from US$500 to US$1000. The costs can vary depending on the legal fees and the number of classes the trademark needs to be filed in (separate application).
Age of Trademarks
How long does the trademark last?
A trademark in South Africa lasts for 10 years, which can be renewed after every 10 years. The trademark can be renewed 6 months before the expiration date or a month after the expiration date (grace period), subject to an additional fee.
It is important to understand the importance of a trademark to establish the distinctiveness of the business. With the help of a trademark, the trademark owner can enhance the goodwill and protect the business from infringers by having exclusive legal rights over the goods and services. The trademark registration process in South Africa is simple, and the steps include Filing, Examination, Publication, and Registration.
At Trademark International, we provide hassle-free trademark registration services catered to your needs in compliance with the international requirements and standards. South African trademark registration doesn’t have to be complicated, and that’s why Trademark International is here to assist with all of your intellectual property needs.
What to do? How to do it? When to do it? Will it work?
If these are the questions that come to your mind when thinking of registering a trademark, you have come to the right place. We, at Trademark International, answer these questions and more! Offering multiple trademark services, we guarantee client satisfaction. For expert advice and consultation, contact us now! Or fill out our online trademark filing form.
Frequently Asked Questions
The process for registering a trademark varies from country to country. To file for a trademark in the US, you can file an online application with the USPTO. The USPTO entertains two types of applications: ‘In-use’ and ‘Intent to use’. The online application is known as Trademark Electronic Application System (TEAS).
Just like every country has its own registration process, the cost varies as well. Depending on the legal fees and the length of the process, the cost can go up or down. In the US, the price of registering a trademark ranges from $500 to $3000.
You need to file an application which should contain: your name and address, if it’s a business then the type of legal entity it is, details of the trademark, list of goods and services, the details of the class(es).
Yes, you can file for both: a local and an international trademark. Some countries entertain a single application to register a trademark locally as well as internationally.
Yes. It is possible to register a trademark in multiple countries with a single application but it depends on which union the country is part of. You can do this through the Madrid Protocol or EUIPO.
Countries have different laws regarding what can be registered as a trademark. In the US, the types of trademarks that can be registered are slogans, shapes, names, phrases words, images, 3D shapes, holograms, smells, and colors.