How Are Trademarks Registered?

Here is a brief overview of how trademarks are registered in South Africa:

The Trademark Registration Process

1. Preliminary Research and Search Before filing, it is advisable to conduct preliminary research online and in the relevant trade to ensure the proposed trademark (logo, name, slogan etc.) is not already in use by another business. A formal trademark search by a lawyer is also recommended to check for any conflicting existing trademarks.
2. Filing the Application If the searches clear the proposed mark, a trademark application is filed with the Companies and Intellectual Property Commission (CIPC) Trade Marks Registry. Separate applications are required for each class of goods/services.

The filing requirements typically include:

• Power of Attorney
• Representation of the trademark
• Identification of goods/services classes
• Specification of goods/services

Examination The CIPC Registrar examines the application within around 8 to 12 months and issues an official action accepting, accepting with conditions, or refusing the mark.

Publication and Opposition If accepted, the mark is published in the Patent Journal for opposition purposes for 3 months.

Registration If no oppositions are successful after publication, the trademark proceeds to registration, typically 2-4 years after initial filing.

Renewal Once registered, the trademark must be renewed every 10 years by paying the prescribed renewal fees to maintain its validity.

Hiring a trademark lawyer is recommended to assist with the complexities.

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