To register trade marks you have to follow the right procedures in all Countries you wish to obtain protection for your mark. A trade mark can only be protected as such and defended under the Trade Marks Act, 1993 (Act 194 of 1993) if it is registered. A trade mark represents a brand name, slogan or logo. It identifies the services or goods of one entity and distinguishes it from the goods and services of another. The registration procedure results in a registration certificate which has legal status, allowing the owner of the registered trade mark the exclusive right to use that mark. Unregistered trade marks may be defended in terms of common law.
Examples of Trade marks include: Name, Slogan, Logo, Shapes, Sounds, Tunes, Tastes, Textures, Three-dimensional Marks, Colors, Holograms, Motions, Multimedia, Positions, Gestures, Smells, Scents.
A Trade Mark is Registrable if:
- It serves the purpose of distinguishing the goods/services of one trader from those of another trader.
- It does not consist exclusively of a sign or an indication which may serve, in trade, to designate the kind, quality, quantity, intended purpose, value, geographical origin or other characteristics of your goods or services, or the mode or time of their production or of rendering of the services.
- Has not become customary in your field of trade.
- It does not represent protected emblems such as the national flag or a depiction of a national monument such as Table Mountain.
- It is not offensive or contrary to the law or good morals or deceptive by nature or way of use.
- There are no earlier conflicting rights. We recommend doing an international trade mark search in each of the countries in which you wish file a trade mark registration.
Register Trade Marks Requirements
- Simply signed Power of Attorney
- Details of the Applicant (full names, physical address, nationality/country of incorporation)
- Representation of the trade mark(s)
- List of goods and/or services
- Certified copy of priority document (if applicable)
Trade Mark Symbols
The trade mark symbol for unregistered trade marks is designated by the letters TM written in superscript style. In practice it will look like this: Product™ . It is used directly after the logo, mark, or slogan that is not registered.
When a trade mark is registered with the specific trade mark office you will see an “R” in superscript surrounded by a circle after the logo, name or slogan. It will look like this: Product ®.
