A trademark might be a slogan, a logo, or a brand name. It identifies a particular person’s services or goods and distinguishes them from those of another. No one else is allowed to use this trademark or one that is confusingly similar once it has been registered. In South Africa, trademark registration is administered by the Companies and Intellectual Property Commission (CIPC), a division of the Department of Trade and Industry. The following other IP assets are also administered by CIPC in South Africa: patents, designs, and copyright. South African trademarks are classified in line with the NICE protocol’s International Classification of Goods and Services.
South African trademark registration
A preliminary search should be done to determine whether a trademark is registrable in South Africa. This search is not required, but it will inform a potential applicant about their chances of success and whether their desired trademark is currently in use.
To make sure there are no matches in the precise class of products and services for the brand, a trademark attorney may then conduct a formal search.
The trademark owner formally files an application to the Registrar following the completion of a trademark search.
Before a trademark is registered, many examination procedures will be carried out. This might involve a substantive examination to validate the distinctiveness of the mark as well as a formality examination to guarantee the general readability of application forms. About eight months will pass between examinations.
After then, the trademark is published in the CIPC Patent Journal for any parties with an interest to object. The duration of this process is three months.
The trademark is accepted for registration once the registrar is satisfied with the examination’s findings and no objections have been made 90 days after the trademark’s publication in the journal.
After registration is complete, a certificate of registration will be sent to the owner. The trademark is valid for ten years after registration and is renewable every ten years as of the application date.
The benefit of registering a trademark in South Africa
Trademark registration provides solid evidence of exclusive ownership in South Africa and reduced the rate of would-be infringers trying to capitalize on your brand’s reputation. It makes it easier for you to protect your rights against infringement by third parties and gives you the ability to make a recovery if that happens. You have the authority to allow usage by others if your trademark is registered. As long as the required renewal price is paid every ten (10) years, a registered trademark can be protected indefinitely.
The word “intellectual property” is used in a broad sense to describe intangible assets that a person or entity can protect against unauthorized external use. This simply implies that the owner of such property has the only right to decide who may use their inventions, work, or methods. Usage is often permitted following the payment of royalties or other fees as agreed upon by the parties.
The sole legal protection for unregistered trademarks is common law. The Trademarks Act of 1993 may only protect a trademark’s exclusivity when it has been formally registered. Following the issuance of a certificate of registration, legal status is also granted.