Some of the common reasons for trademark refusal by the Registrar of Trade Marks in South Africa include:
The trademark is not capable of distinguishing the goods/services
- It consists exclusively of descriptive terms relating to the kind, quality, quantity, intended purpose, value, geographical origin or other characteristics of the goods/services.
- It has become customary or generic in the relevant trade.
The trademark is deceptive or contrary to law/morality
- It represents protected emblems like the national flag or monuments.
- It is offensive or against public policy/morals.
There are earlier conflicting trademark rights
- The mark is confusingly similar to an existing registered trademark for related goods/services.
The trademark application lacks distinctiveness
- It consists only of non-distinctive words, letters, numerals or common shapes/patterns.
No bona fide intention to use the mark
- The applicant does not have a genuine intention to use the mark themselves or through permitted use.
Technical deficiencies in the application
- Errors or omissions in the application form, representation of the mark, identification of goods/services etc.
The mark is functional or consists of a generic shape
- It consists exclusively of a shape/packaging that results from the nature of the goods.
The mark is descriptive or laudatory
- It only praises or describes the quality/characteristics of the goods/services.
It is advisable to conduct a comprehensive trademark search and to seek professional assistance to identify and overcome any potential refusal grounds before filing the application.
Citations:
[1] https://www.linkedin.com/pulse/south-african-trade-mark-protection-information-yolandi-erasmus
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