Trademark

Filing trademarks in South Africa (and how to get it right)

A trademark identifies your brand and distinguishes it from others in the market. It can be a name, logo, slogan or even a shape that consumers associate with your products or services. Yet many South Africans businesses still ask the same question:

what exactly should be filed as a trademark, and what information is needed to do it properly?

1. What should you file as a trademark?

In South Africa, a trademark can include:

• Words or names – your brand name or product name (e.g. NIKE)
• Logos or stylised marks – your visual brand identity (e.g. the NIKE Swoosh)
• Slogans or taglines – short, distinctive phrases that express your brands personality (e.g. JUST DO IT)
• Shapes, colours or patterns – less common but still capable of protection provided it is distinctive and identifies your goods or services.

You can register one or more of these elements, depending on how your brand is used. Filing a word mark is deemed the broadest protection of the brand name itself and should be the main priority.  

Need help deciding what to file? Speak to our trademark attorney – we can advise which version of your brand will give you the best protection.

2. What information is needed to file a trademark?

To prepare and file a South African trademark application, we need:

• The exact mark you want to register (word or logo)
• The name and address of the owner (this can be an individual, a company or a trust)
• A list of the goods and/or services for which the mark will be used.

Each trademark is registered in one or more “classes”. These are categories that group similar goods or services together. For example, Class 25 covers clothing, while class 35 covers retail and advertising services.

Choosing the correct classes is important because your registration only protects your mark in the classes you select.

Unsure which classes apply to your business? Contact us for guidance before filing – it’s easier (and cheaper) to get it right from the start.

3. Helpful tips when choosing and filing a trademark

• Avoid descriptive words. Words that describe your goods or services (e.g. Fresh Bread for a bakery or Speedy Couriers for delivery services) are difficult to register and even harder to enforce. Choose something unique, memorable and distinctive.
• Conduct a clearance search. Before filing, check that no similar marks already exist. This can save time and money and is something we can assist with.
• Register early. South Africa operates on a “first to file” system – meaning that whoever files first generally has the stronger right.
• Consider future plans. If you intend to expand into new product lines or countries, mention this early so your filing can be structured strategically.
• Use your mark consistently. Keep the spelling, design and presentation consistent to strengthen recognition and make enforcement easier.

Final thoughts

Registering a trademark in South Africa is a relatively straightforward process when approached strategically. By selecting a distinctive mark, providing complete information, and filing correctly from the start, you can secure your brand identity and prevent others from trading on your reputation.

Ready to protect your brand?

Get in touch with one of our trademark attorneys to start your South African application.