Trademark a name south africa [Guide]

Last updated : Aug 3, 2022

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

It can take anything from six months to a year to register a trademark in South Africa. SwiftReg can assist with this. As soon as the application for the trademark is filed with CIPC you are protected from any other company/individual filing the same trademark.

How do you legally trademark a name?

Key takeaway: To register and trademark your brand name, search the TESS database for similar brand names, fill out the trademark application and submit it to the USPTO for review.

How do I check if a name is trademarked 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.

How do I trademark a name for free?

You can not register a trademark for free. However, you can establish something known as a "common law trademark" for free, simply by opening for business. The benefit of relying on common law trademark rights is that it's free, and you don't need to do any specific work filling out forms, etc.

Can I register trademark myself?

Any layman who wants to register a trademark can apply himself. But when the practical applicability is considered, appointing an attorney will ease the process to register a trademark. Certain procedures are to be followed to apply for a trademark. An application is filed.

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.

How much does trademark registration cost?

The cost of registration per application is about Rs. 4000. If any person is registering its brand or register logo under many categories, then he/she have to pay Rs. 4000 per category.

How long does a trademark take to get approved?

Usually, the process takes 12 to 18 months. Registering your trademark is a complex procedure that involves your application moving through various stages. Learning about each stage in the process will help you understand why getting a trademark takes as long as it does.

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.

Can you trademark a name without a business?

You can't register a trademark for non-business purposes. You can only trademark a brand name that you're using in business or that you intend to use in business in the near future.

What is the most common reason that a trademark might be rejected?

Likelihood of confusion is the most common reason an application will be rejected by the USPTO. Essentially, if there is a high probability that the general public will confuse your trademark with someone else's (already existing) trademark, your registration will not be granted. The two marks need not be identical.

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.

Can anyone trademark a name?

It can also help if you are a victim of cybersquatting. But not everyone can trademark their name—you must use it in your business and people must be likely to associate your name with the goods or services you provide.

What falls under a trademark?

Trademarks are badges of origin. They distinguish the goods or services of one trader from another and can take many forms; for example words, slogans, logos, shapes, colours and sounds. Trademarks are registered for specific goods or services within individual subjects, known as classes.

What is the cheapest way to trademark a name?

The basic cost to trademark a business name ranges from $225 to $600 per trademark class. This is the cost to submit your trademark application to the USPTO. The easiest and least expensive way to register your trademark is online, through the USPTO's Trademark Electronic Application System (TEAS).

Do you copyright or trademark a name?

A trademark typically protects brand names and logos used on goods and services. A patent protects an invention. A copyright protects an original artistic or literary work. For example, if you invent a new kind of vacuum cleaner, you would apply for a patent to protect the invention itself.

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.

What are the documents required for trademark registration?

• Copy of Logo (Optional)
• Signed Form-48.
• Udyog Aadhar Registration Certificate.
• Incorporation Certificate or Partnership Deed.
• Identity Proof of Signatory.
• Address Proof of Signatory.

How do I trademark a name and logo?

1. Complete a trademark search.
2. Secure your rights.
3. Submit an initial application at uspto.gov on the Trademark Electronic Application System or TEAS.
4. Fill out the TEAS form for an initial application. Be sure to upload the file of your logo.
5. Submit an "intent-to-use" form.
6. Pay the fees.

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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 Frances Ehmen, have a nice day.
- Lorri Olds, Staff Member

a trademark is your brand or logo legal protection from any competitor who copies it in this video I'm going to explain the basics show you how to register your own trademark and share two important tips in south-africa all trademarks need to be registered with CR PC for international trademark protection I would suggest ik consulting with a trademark attorney as this process can be complex and expensive as different countries have varying legal requirements so how does the protection work in terms of the law a trademark infringement happens when there is the likelihood of confusion between your trademark and your competitors who have copied or are imitating your brand the competitor will be ordered to stop confusing and misleading the public and may be liable to pay damages to you trademarks therefore effectively ensure that the brand is easily identified and distinguishable from the others in doing said actually also protects the consumer ensuring that they purchase the product they intended to and not a competitor's by mistake the most common types of trademarks are word marks and logos I like the KFC example that is as it is both a word mock and a logo the KFC is the word mock and the bucket is the logo so you can also have a combination of the two keep in mind that each type of trademark is a separate application there are other types of more non-traditional trademarks such as shapes colors but for these I would recommend that you get some assistance you should be aware that there are certain things you can't trademark such as a national flag or the national symbols such as table mountain it is also a good idea to avoid common expressions such as 24 hours or cheese or server now CFS is very unlikely to prove a word mark using superlatives such as biggest best or fastest so how do you register a trademark well we offer two options the first method is the DIY option where you can lodge a trademark directly on our website using it's a very easy-to-use system which will prompt you all along the the second option is the lawyer assisted option where we have partnered with one of South Africa's leading firm of trademark attorneys who will assist you they will do a thorough availability search and will advise you on the correct trial selection as well as write the appropriate description for the trademark your trademark will have a better chance of success with the second option let me explain the class selection all trademarks need to be classified into one or more classes there are 45 broad categories of goods and services so in filing a trademark application it is essential to identify which class or classes of goods and services you wish to be covered for for example +25 includes motor types of clothing footwear and headgear this means that your trademark will only be protected in that class each class is seen as a separate application and therefore must have a separate filing fee so how does the process work well once you have submitted all your information and paid the fees June we will lodge the trademark with cipc this usually takes about five working days for them to issue a receipt with a filing number and a date at this point you may use the abbreviation TM on all your products to show that the trademark registration is in process the actual assessment by crtc for the application may take up to 12 months I'm not joking this is due to a massive backlog however it is important to note that the protection starts from the initial filing date so only once the trademark is registered may you use the symbol R if the trademark is approved after a year it is then advertised in the government because it for three months after which the registration certificate will be sent to you via email so the entire process could take up to 18 months your trademark will now last for 10 years before you'll need to renew it it is now an asset which you can sell finally I must clear up some confusion between trademarks copyrights and patents all three offer intellectual property protection but copyright is for creative work such as music books or songs while patents are to protect inventions I'd like to end up by offering two helpful tips which will go a long way to ensure that your trademark is successful first is creative and as original as possible and secondly be distinctive you can't just describe a trademark in a generic manner thank you for watching and I wish you best of luck with your trademark application so as always remember we are here to help

Thanks Cole your participation is very much appreciated
- Lorri Olds

About the author

Lorri Olds

I've studied nanomaterials at Belhaven University in Jackson and I am an expert in space architecture. I usually feel frustrated. My previous job was furniture designer I held this position for 14 years, I love talking about tai chi and microscopy. Huge fan of Ozzy Osbourne I practice shuffleboard and collect fossils.