Trademark law south africa [FAQ]



Last updated : Sept 8, 2022
Written by : Mary Elsey
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Trademark law south africa

How is trademark regulated in South Africa?

Patents and Trademarks in South Africa are regulated by the Companies and Intellectual Property Commission.

What is trademark infringement in South Africa?

If someone makes use of a trademark that has been registered, without the consent of the owner, it is considered as trademark infringement. Typically, these infringements may be deliberated in order to cause confusion and deceive a client base, in an attempt to increase sales and generate a profit.

What are 3 things that determine trademark infringement?

Thus, "use," "in commerce," and "likelihood of confusion" are three distinct elements necessary to establish a trademark infringement claim.

What is Rule 45 in trademark Act?

1. Evidence in Support of Opposition: Rule 45 ofThe Trademark Rules, 2017,states that the opposing party has to produce evidence to support its objection within 2 months (extendable by one month) of receiving the copy of the counter-statement filed by the applicant.

How long is a trademark valid for 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.

What happens if you use a trademark name without permission?

You can usually get permission to use someone else's intellectual property ( IP ) by buying the rights from them or getting their permission to use it. Using someone's trade mark, patent, copyright or design without their permission is known as ' IP infringement' and could lead to a fine, prison or both.

What is trademark infringement examples?

Examples of trademark infringement cases include instances in which one company sues because it contends that another company is profiting from its trademark without approval.

What is considered trademark infringement?

Trademark infringement is the unauthorized use of a trademark or service mark on or in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services.

How does one infringe a trademark?

The infringement of a trade mark – also written and acknowledged as trademark or trade-mark – relates to the unauthorised use of a registered trade mark by any third party on any goods or services identical with the goods or services specified on the register.

What are the 4 types of trademarks?

  • Generic. A generic term is a common description that does not receive trademark protection.
  • Descriptive.
  • Suggestive.
  • Arbitrary or Fanciful.

What is not protected by trademark laws?

Generic terms are not protected by trademark because they refer to a general class of products rather than indicating a unique source.

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.

What is Rule 47 in trademark Act?

(1) A notice of opposition to the registration of a trade mark under sub-section (1) of section 21 shall be given in triplicate in Form TM-5 within three months or within such further period not exceeding one month in the aggregate from the date the Journal is made available to the public (which date shall be certified ...

What is Rule 46 in trademark Act?

Within one month of receiving the evidence in support of the opposition under Rule 46, the opponent may file reply evidence in support of his opposition in the form of an Affidavit to rebut the submissions made by the applicant and to further strengthen the case.

What is trademark rules?

This is defined under Section 27 of Act that no infringement will lie with respect to an unregistered trademark, but recognises the common law rights of the trademark owner to take action against any person for passing off goods as the goods of another person as services provided by another person or the remedies ...

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 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.

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 I use someone else's trademark?

A trademark owner can stop others from using its trademark to prevent confusion about the source of the goods or services. In some circumstances however, someone may use another party's trademark if the use is considered a “fair use.” This “fair use” exception is recognized throughout most of the world.

Can I use a trademark for personal use?

A person or company should never use a trademark or logo without written permission from its owner. To get permission and avoid trademark infringement, write a letter to the trademark owner. Include a description of why you are asking and how the logo will be used.


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Trademark law south africa


Comment by Shauna Dellinger

when we start with ip ip is really that umbrella term and it encompasses different kinds of essentially you get you know trademarks that would be um your brand name that you can protect um or your logo like knife that you can protect then you get copyright protection now copyright protection as i said you don't go out to register the only exception in south africa would be and you may be aware of this you can register copyright in a cinematographic form so in a video in a movie you can go and register that but if you don't go and register the right still best automatically and then any other copyrights or copyrights say in a script copywriting a logo or a painting those are not registerable in south africa and again as i said earlier provided that certain requirements are met you will be protected by copyright other jurisdictions like the us you can go there is a copyright registration office and you can register copyright in different kinds of works in south africa that's not the case it's only the case when it comes to you know cinematographic form


Thanks for your comment Shauna Dellinger, have a nice day.
- Mary Elsey, Staff Member


Comment by Basil

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 Basil your participation is very much appreciated
- Mary Elsey


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