SOUTH AFRICA

• Kinds of Trademarks registrable in SOUTH AFRICA

  • Following indications may be used as Trademarks in South Africa:

    • Devices
    • Names
    • Signatures
    • Words & Slogans
    • Letters, Phrases & Sentences
    • Numerals
    • Shapes
    • Configurations
    • Patterns & Logos
    • Ornamentation
    • Configuration
    •  Containers for goods
    • Colours
    • Sound marksCombination of the above

    Types of Marks registrable:

    1. Collective marks
    2. Certification marks
    3. Marks for non-commercial purposes
    4.  Service marks
    5. Well Known marks Series Marks
• Requisites for a Trademark to be registrable in SOUTH AFRICA

  • Trademarks must contain the following essential requirements to be registrable in South Africa :

    1. Distinctiveness
    2. Non-descriptive of the goods and / or services
    3. Not be a well known term in the line of business, trade channels of the applicant
    4. Not be same / similar / identical either visually and / or phonetically to prior registered / pending marks.
• Kinds of Trademarks not registrable in SOUTH AFRICA

  • Applicants should bear in mind that the following will not be registrable as Trademarks in South Africa:

    1. Trademarks consisting exclusively of a sign or an indication which would serve in trade to designate the kind, quality, quantity, intended purpose, value, GI or other inherent characteristics of the proposed mark.
    2. Trademarks indicating the time, the mode of production or time of production of the rendering of the services.
    3. Trademarks having become customary in the applicants field of trade.
    4. Trademarks containing, resembling or representing maps, signs, seals, emblems, official insignia belonging to national and international organisations/institutions.
    5. Signs depicting national monuments.
    6. Trademarks which are offensive or contrary to law or morals.
    7. Signs should not conflict with earlier rights.
    8. Trademarks being deceptive.
    9. Those marks that are not capable of distinguishing the applicants goods/services from those of the others.
    10. Trademarks in relation to which the applicant has no bonafide claim to proprietorship
    11. A trademark in relation to which the applicant has no bonafide intention of using it as a trademark either through himself or through any person permitted by him to use the mark.
    12. Trademarks containing any word, letter, device indicating state patronage.
    13. Trademarks resembling or containing elements identical or similar to earlier registered trademarks or trademarks pending registration.

    TrademarkCopia through its associate Law Firms and Lawyers in South Africa is at hand to help you with trademark registration and prosecution.

• Trademark Search in SOUTH AFRICA

  • It is highly advisable to conduct a search of the proposed mark to ensure that a similar mark has not been applied for by other contenders and is not pending registration or is already registered.

    A search is useful in determining the following:

    1. Conflict with existing trademarks.
    2. Confirm validity of the proposed trademark.
    3. Evaluate the filing of the application and assess the risk of nullity and 3rd party claims.
    4. Strategise on the kind of mark to file regarding the denominations such as figurative, coloured, black & white etc.
    5. Search is a useful tool prior to filing of applications since search concerning prior pending marks carried out by the South African Trademarks Office.

    Our Attorneys are at hand to assist you with searches and provide opinions about registrarbility of the proposed / coined trademark in South Africa.

• Trademark Filing in SOUTH AFRICA

  • Filing is done with the Trademark office of South Africa.Applicant has to furnish the following documentation for filing:

    1. Name of the applicant
    2. Logo (if any) in B/W or Colour
    3. Address along with nationality of the Applicant
    4. Classes in which Registration is sought.
    5. Power of Attorney (POA)
    6. Details regarding Goods and Services for which registration sought   (Goods and Services classified as per NICE classification)

    TRADEMARKCOPIA.COM  will assist you with the following :

    • Filing
    • Infringement & Opposition Action
    • Renewals
    • License and Assignment procedures
    • Trademark Watch Services 
• Trademark Examination in SOUTH AFRICA

  • Once the application is filed, it is examined to ensure all compliances and statutory requisites are met.  the Registrar will:

    • Accept the application.
    • Accept the application subject to such amendments, modifications, conditions or limitations as he deems fit.
    • Provisionally refuse the application.
    • Refuse the application. Based on the said conditions of acceptance, the decision is notified to the applicant within a reasonably time.If any deficiencies found, applicant is to rectify / amend the same within stipulated time period, else, application deemed abandoned.
• Trademark Publication & Opposition in SOUTH AFRICA

  • Once the application is accepted, the same will be advertised in the official IP Gazette.Interested 3rd parties may then oppose the registration of the application.

    If there is no opposition or it has been dealt with according to the facts and circumstances therein, the mark shall proceed for registration.

    TrademarkCopia through its experienced Trademark Lawyers and Trademark Attorneys in South Africa can comprehensively assist you with trademark opposition and prosecution.

• Trademark Registration in SOUTH AFRICA

  • If there arises no opposition to the registration of the application or, the opposition has been dealt with according to the facts and circumstances therein, the trademark shall be registered and the Certificate of registration issued to the applicant.

     

    Trademark registration in South Africa  is valid for 10 years from the date of registration, after which it can be frequently renewed for another 10 years.

    Rights of Trademark Owners:

    Trademarks may be:

    • Exclusively used by the owners of the registered trademarks.
    • Transferred in whole or in part- Inherited
    • Assigned and licensed.
    • Mortgaged and creditors may seize such trademarks belonging to their debtors.
    • Licensed to natural or legal persons
    • Prevented from unauthorized usage by third parties
    • The subject of appropriate redressal from a court of law upon infringement
• Trademark Usage in SOUTH AFRICA

  • Pre-Registraton: Usage of the mark before registration is advantageous since it could help the proposed mark achieve distinctiveness and enable it to become registrable. It could also make a strong case against any person wanting to subsequently register similar marks.

    Post-Registration: Non-use of the mark within 5 yrs. from the date of registration could make it vulnerable to being cancelled.

• Trademark Cost of Registration in SOUTH AFRICA

  • Please write mail for the cost of registration of trademark in South Africa to the mail address given below:

    contact@trademarkcopia.com