Trademark South Africa

Protect your brand, name or logo by filing a trademark in South Africa. The process is quick and simple:

Step 1:

Call us and speak to a trademark attorney. This is free. We will discuss:

• • whether your mark is sufficiently distinctive – a descriptive mark (e.g. Norwood cycle shop) will likely be rejected by the South African trademark registrar;
  • the classes in which your trademark should be filed; and
  • whether filing separate trademarks for your word mark, logo and pay-off line is appropriate.

For example, see the Nike marks below. They cover the word mark NIKE, the SWOOSH logo and the pay-off line JUST DO IT:

Step 2:

Conduct searches through:

• the South African trademark database to confirm that no confusingly similar mark exists;
• the South African companies database to confirm that no company is conducting trade under a similar name; and
• the co.za database to confirm that no-one else is trading online under a similar mark / name.

We call the above set of searches a “South African trademark registrability search”. the search takes about 4 business days and costs R2,500 plus vat. Although an applicant is not required to perform a registrability search prior to filing a trademark in South Africa, it is highly recommended. Else, your trademark application may be opposed / rejected in a year’s time, forcing you to rebrand your goods / service.

Step 3:

• file trademarks in South Africa – one trademark application per class. For example, if you wish to file a word mark and a logo in two classes, you will need to file four trademarks in South Africa.

Our charge for the first trademark is R4,090 plus vat (inclusive of trademark publication and registration costs). Subsequent trademarks cost R2,950 plus vat. To file a trademark takes between 1 and 2 days. We will prepare and send you a couple of forms for signature. These may be lodged after filing the trademark application. Within a day or so of filing, we will send you the trademark application numbers (which will not change, even after registration). Alternatively, use the GlobalIPCo system to file South African trademarks online for $199.

Registration of a South African trademark takes about 12 months.