South africa trademark search [With Pictures]

Last updated : Aug 5, 2022

How do you check if a trademark is registered in South Africa?

You may ask the Trademarks Office to conduct a trademark search by: completing Form TM2; and submitting it with the Trademarks Office together with proof of payment in the amount of R190.

Can I do a trademark search for free?

You may conduct a free online search of the USPTO database at the Public Search Facility (Madison East, 1st Floor; 600 Dulany Street, Alexandria, Virginia) between 8:00 a.m. and 8:00 p.m. USPTO personnel may not conduct trademark searches for the public. Private trademark search firms will conduct searches for a fee.

How do I find details of a trademark?

Log in to the official website of trademark registration in India: https://ipindiaonline.gov.in. Click on the trademarks tab and then click on public search. There are 3 search criteria available – Wordmark, Vienna code, and Phonetic.

How do I find a trade mark by name?

Under the Vienna code classification, if the brand name has a logo, then a trademark search gives you the information and details of similar brand names. It is essential to conduct a Trademark search to register the applicants' trademark or brand mark logo under the Trademark Act.

How long does a trademark last in South Africa?

A registered trade mark can be protected forever, provided you renew the registration every ten years. Find out more about registering a trade mark from the Companies and Intellectual Property Commission (CIPC) or contact CIPC on 086 100 2472.

How much is it to trademark a name in South Africa?

R2,300.00 incl VAT if it is a name/slogan or logo only application; R4,000.00 incl VAT if is a name/slogan and logo combination application.

How do you check if a logo is trademarked?

You can search all applied-for and registered trademarks free of charge by using the U.S. Patent and Trademark Office (USPTO)'s Trademark Electronic Search System (TESS). If your mark includes a design element, you will have to search it by using a design code.

How long does a trademark last?

A federal trademark lasts 10 years from the date of registration, with 10-year renewal terms. Between the fifth and sixth year after the registration date, the registrant must file an affidavit to state that the mark is still in use.

How long does it take to do a trademark search?

Depending on whether you decide to consult an attorney, a trademark search can take anywhere from one day to a few weeks.

How do I know if a business name is trademarked?

You can search for federally registered trademarks by using the free trademark database on the USPTO's website. To start, go to the USPTO's Trademark Electronic Business Center and choose "Search trademarks." Then follow the instructions you see on the screen.

Can you trademark a name already in use but not trademarked?

1. Can You File for a Trademark That Exists? Updated November 12, 2020: If you're wondering, "can you trademark something that already exists," the simple answer is "no." Generally speaking, if somebody has used a trademark before you, you can't register the trademark for yourself.

How do I check if a domain is trademarked?

If you have trademark experience, you can use free online resources like our Trademark Search engine, or the Trademark Electronic Search System(TESS) offered to the public by the US Patent and Trademark Office(USPTO) to search for existing marks that are identical to your planned trademark.

How do I search for a logo?

1. To run a search on this logo, you should first navigate to the USPTO website.
2. Click on “Trademarks” and select “Searching Trademarks”.
3. Navigate to the Trademark Electronic Search System (TESS).
4. The starting point for a logo search is the USPTO's Design Search Code Manual.

What is abandoned trademark?

An abandoned Trademark is simply a trademark that is not in use. Thus, a trademark becomes abandoned either if it is not in use for a long time, or the owner doesn't renew it. Furthermore, the following cases can also lead to an abandoned trademark.

What does a trademark protect?

A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. Trademarks are protected by intellectual property rights.

How much does it cost to renew a trademark in South Africa?

South African trademarks must be renewed every 10 years. Using the IdeaNav online trademark renewal system, renewing a trademark can cost as little as R1,140.

Can I use a trademark before it is registered?

Use or file trademark first? You do not have to apply for a trademark prior to using it. In most cases, trademark rights in the US are granted to the first one who uses a mark in commerce on particular goods or services. US trademark law recognizes the first user.

Can you trademark yourself?

Yes, you can trademark yourself, as long as you are in connection with your products or services. This information was provided by our founding attorney, Xavier Morales, Esq. It is possible for an individual to trademark an image of themselves as a product's logo.

Is it necessary to trademark a logo?

By simply having a logo, you have what's known as a common law trademark for your logo. That means that, without doing anything paperwork-wise, you have the sole legal right to use and amend that logo as you see fit. But without an officially registered trademark, that right isn't as secure as it could be.

Can someone trademark your business name?

The short answer is—in theory, yes, but in reality, no. If you don't have a trademark on your name, someone else can research the United States Patent and Trademark Office (USPTO) database and find an available name. They can then trademark it.

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yo welcome back to 80 vlogs it's another day yet another video today we're going to be talking about the differences between a trademark and a copyright what should you go for should you go for both and all this type of stuff so right here i'm on the google uh website um the reason why i did this video is because one of my guys one of my friends actually was asking me uh if a certain website was legit for them to actually trademark their brain and stuff like that and subscribe to make a video about it today i'm actually going to show you where you can actually go if you want to trademark or copyright you know your artworks or your brand and logo anything like that we're also going to be looking at the differences between a trademark and a copyright as well so yeah we're going to be talking about all those things in this video so yeah without further ado let's just get right into it this portal is actually part of the cipc sort of company website where they actually make it easier for people to sort of register their companies and stuff like that you know uh when my friend asked me about this website you know he thought maybe it wasn't legit or something like that but turns out it is legit because this is a website that's actually you know uh sort of like a sub website from uh cipc cipc so actually you know the way you actually get to register your businesses where you get to actually do all do all the stuff you know the be easy certificates and stuff like that so yeah this is where yeah they've actually made it easier for people people watching who are trying to start businesses and actually become independent and stuff like that whatever business it may be that you're trying to register this is actually a website where they've actually made it easier for people to actually navigate the website because the cipc website is a little bit confusing but today i'm going to show you how you can actually you know get to trademark your your logo company you know whatever it is that you want to trademark uh on the cipc website so as you can see right here it says biz portal is a platform developed by the companies and intellectual property commission which is actually cipc to offer company registration and related services in a simple seamless digital way which is completely people so yeah guys this is a legit website right here as you can see here's the registration process you know everything from start to finish you know from uh the director details all the way to the registration the bank uif all the the stuff the company names everything the be certificates everything you can do this online without actually having to go anywhere or to go to any type of office and submit any type of paperwork so yeah i really think this is a dope concept you know i hadn't even really realized that this website actually existed before actually my friend you know told me about it and asked me to actually check it out as you can see here's the everything that you can actually do in on this website and everything like that but the reason for me showing you this website guys is actually just to actually confirm that this is a legit website where you can actually do a lot of things here but i don't i don't think uh that you can actually trademark or copyright your company through this website i did try to look it to look around it uh so yeah as you can see here the prices is just 125 without a name and 175 including a name no documents required everything like that the text registration that's where you get to get your text number the domain registration as well as you can see right there is only 63 uh ren and 25 cents uh to transfer to a commercial registrar of your choice at no cost as well so yeah there's a lot of advantages that you can get you know from using from using this website you know bizportal.gov it's really dope but uh for the main reason why i'm making this video i've actually you know tried looking around this website to see if they actually offer trademarking and copyright registrations but unfortunately they do not so we are going to go to the cipc website i'm going to actually show you how you can go about doing that so to make things easy i'm just going to type out cipc trademark and uh yeah trademark application and then from there on we're just going to go into this so as you can see the first result was apply cipc and yeah after then this is where they actually show you all the information that you need to do uh for you to actually be able to trademark or copyright uh your your your brand right here so yeah as you can see right here you can the first thing you need to do is register as a customer uh to view information on how to register they say you gotta click here uh even though i'm actually going to go through this process with you guys so there is no problem with that all you gotta do if you already somebody registered but this actually i'm not going to assume that you haven't registered so you are actually you know new to this website and everything like that so yeah right here you can click and uh it's going to show you how you can actually register uh right into cipc because you you actually have to register with them before you can actually you know be able to trademark or anything like that and this is a guys this guy these guys is a lot cheaper for you to actually do it yourself don't rather have somebody do it for you so yeah i i recommend that you actually try and do this yourself as well so yeah as you can see right here these are all the steps that you need to take for you to successfully register yourself right into cipc so right here as you can see it says um click here to create a customer code and password click on customer registration you know indicate you have a south african id barcode a south african green barcoded id document or smart card you know so pretty much all these things are not going to be that difficult for you to actually do so yeah all you got to do is come here follow these steps and uh yeah you're going to be able to register and from there on um you're going to to you know to take more steps into you know trying to trademark uh your brand your company whatever your logo slogan whatever it may be so going back to the main page right here um step number two as you can see right there it says deposit the application fee of 590 and respect or favorite class and every trademark in respect of which an application is lodged into the cipc bank account using your customer code as reference so yeah there's the customer code you're actually going to get it once you register yourself as a customer so you don't even freak out about that so after that they're going to give you the bank details and stuff like that use the customer code as a reference and then the money should actually uh reflect right into your cipc account and then and then from there on that's where you'll be able to transact and actually be able to use the money uh to trademark uh you know whatever company it is that you're trying to do also uh you need to do a special search or trademark application this is when you're actually trying to see

Thanks for your comment Chase Obnegon, have a nice day.
- Dalton Waldrup, Staff Member

so I cannot register the word cream because it's actual thing it's a it's a product but but what about Apple AJ hi guys and welcome to another episode of IP bride this is my good friend and I feel to knee AJ Tommy I and this is Lisa cut my body and good intrapreneur today we're going to talk about trademarks what you can and cannot register how to register and some practical tips on how to use your trademark let it dry edge I've seen some companies use with a company name or with a logo the latest TM or the or in the circle does this mean that these are registered trademarks really all circle would employ a registered trademark the use of TM would mean maybe in application or you simply have common law rights and then just shortly the definition of the trademark would be a means of identifying your product where they'd services or goods can I use anything as my trademark any picture or word yeah sure anything that can be graphically depicted examples would be maybe a patent configuration picture signature etc and the idea behind a trademark is to be distinctive right to stand out Yolo is definitely the the Act defines the function of a trademark to distinguish one person's goods from another's so AJ when choosing my trademark is there anything that could prevent me from registering yeah a couple of things just to name a few inherent lack of distinctiveness an example would be to try and rage the cream for a mock product that won't work okay a second option might be the fact that you're trying to do something of a geographical location that won't work and maybe a mockery registered on the roll and guys to that point please watch our previous episode pertaining to trademark searches we'll put a link in the description below so I cannot register the word cream because it's actual thing it's a it's a product but but what about Apple AJ well the nice thing about Apple is because of the services and goods being something for computers the the use of the word Apple is quite unique distinctive for that specific service of boots so but isn't that makes it such a good trademark so that's that's allowed but I can't reduce the Apple to sell apples yeah you know okay I did you mentioned I can use the latest TM without registering a trademark so why would I register well it's always nice to have a prima four key right when you want to engage into litigation it puts that first foot in the floor you don't have to prove you're right okay it's it's very nice because it's an asset you know you can license it you can franchise it it gives your product the value and it protects your product and it's very quicker and easier to register product don't you have to try and build up rights for a common law so as a start-up entrepreneur you can use TM but if you see your company booming it's a great idea to register your trademark as soon as you can bottom line as soon as possible but yeah when my business does reach that stage what is the procedure to register trade although usually you start with filing it and then the the application needs to be examined followed by publication we wrap on a little trigger an opposition period and if no one opposes your application then which will proceed to grant them yeah and then you may use the or circle then I can use the whole circle so whether I'm using a TM or have an actual registered trademark AJ do you have any practical tips on how to use my treadmill it's definitely I think as a start guys you know always use it as an adjective and never has a verb or noun for example maybe something like always use your IP bright tongues on a choppy would be a correct use of an incorrect use with would be something like IP briar choppy's okay the third one you know use it in capital its capital letters thanks AJ we've covered quite a lot of content on trademarks from using the TM and the are in the circle to what you can and cannot register how and why to register your trademarks and some practical tips on using out right now yeah definitely do you guys just remember this is for educational purposes and if you would like to file a trademark application please contact us our email is below and if you're not yeah one can hear more about all the legal stuff in running your business don't miss our next episode

Thanks r3ry1iC your participation is very much appreciated
- Dalton Waldrup

About the author

Dalton Waldrup

I've studied entrepreneurship at Jackson State University in Jackson and I am an expert in feminist anthropology. I usually feel high. My previous job was environmental disease analyst I held this position for 3 years, I love talking about tourism and weaving. Huge fan of Yungblud I practice darts and collect baseball cards.