South Africa, with its diverse economy and rich culture, offers many attractive opportunities for businesses looking to build and grow their brands. The country is famous for tourism, thanks to its diverse nature including national parks, beautiful beaches, and wildlife sanctuaries; Unique culture is a mixture of European, Asian and African cultures to create a diverse and attractive cultural picture; major international sporting events such as the World Cup have put South Africa on the world tourism map. In addition, the agricultural sector thanks to the availability of many fertile lands suitable for the cultivation of industrial crops and agricultural products; The exploitation of minerals such as gold, diamonds, and platinum also plays an important role in the economy, creating many business opportunities. Besides, South Africa also has a major financial center in Africa, Johannesburg – an increasingly favorable business environment. In particular, the information technology industry is growing strongly thanks to its young and highly qualified workforce. With its large domestic market, free trade agreements, and pro-business policies, South Africa is indeed an attractive destination for investors and businesses. Viet An Law would like to guide customers through the preliminary procedures for trademark registration in South Africa through the article below.
Table of contents
Hide
Legal Basis
Signs of Goods Act 1941 (Law No. 17 of 1941, amended to Law No. 61 of 2002)
Definition of Trademark in South Africa
A trademark is a brand name, a slogan, or a logo. It identifies the services or goods of a person or an organization and distinguishes it from the goods and services of other people and other organizations. Therefore, a brand name is a word or a combination of words (e.g., Kentucky Fried Chicken). A slogan is a short phrase or sentence, and a logo is a special image or symbol. They provide a distinct identity in the market and can be applied to both products and services.
Once a trademark (brand name, slogan, or logo) has been registered, no one else can use this trademark or a similar trademark that is confusing.
Conditions for registering a trademark in South Africa
Distinguishable: The trademark must be able to distinguish your goods or services from those of other merchants.
Do not infringe on the rights of others: Trademarks must not infringe on the intellectual property rights or other rights of others.
No violation of law: Trademarks must not violate the law or public morals.
Non-misleading: Trademarks must not mislead about the origin, quality, characteristics, or other information of goods or services.
More than just a description: A trademark should not be merely a description of a product or service.
No infringement of other protection rights: Trademarks must not infringe on other protection rights such as copyright, industrial design rights, etc.
Types of trademarks that can be registered in South Africa
Word trademark: Is a word or phrase used to distinguish goods or services. For example, Coca-Cola, Nike, Apple.
Image trademark: Is an image, logo, or symbol used to distinguish goods or services. For example, the logo of McDonald’s, the logo of Mercedes-Benz.
Combined trademark: It is a combination of word marks and image marks. For example, the logo and name of Pepsi-Cola.
Three-dimensional trademark: Is a three-dimensional shape of a product or packaging used to distinguish goods. For example, the shape of a Coca-Cola bottle.
Sound trademark: Is a sound or tone used to distinguish goods or services. For example, the startup sound of a car trademark.
Motion trademark: Is an image or moving symbol used to distinguish goods or services. For example, the animation of a trademark character.
Color trademark: Is a color or combination of colors used to distinguish goods or services. For example, the red color of Coca-Cola.
Guide to Trademark Search in South Africa
CIPC (Companies and Intellectual Property Commission) is the official governing body of intellectual property in South Africa. To search for a trademark, you need to access their online platform: https://bizportal.gov.za/
Note: You need to log in to your CIPC account before proceeding with the search.
Basic steps guide:
Sign in to your CIPC account: If you don’t already have one, you’ll need to create a new one.
Go to the trademark search service: Search for the “Trademark Search” or similar option on the CIPC website.
Enter search information: You can search for trademarks by trademark name, registration number, owner’s name, or other related information.
Perform a search: Search results will be displayed based on the information you entered.
Check trademark information: If you find a trademark, you can view details about it, including the owner, date of registration, protected goods or services, and more.
Name and address of the applicant (individual or business)
Trademark type (word, logo, image, etc.)
A detailed description of the trademark (meaning, color, typography, etc.)
List of goods or services according to the Nice classification system
Application Fee
Trademark Templates: Two clear and easily visible copies of the trademark printed on a white background. If the trademark is colorful, a clear note should be made.
Identification documents:
A copy of the applicant’s identity card or passport (if it is an individual).
Business registration certificate or business license (if it is an enterprise).
Power of attorney (if applicable): If the applicant hires an attorney or legal representative to file the application, a valid power of attorney is required.
Additional documents (if any): If the trademark has special elements, the applicant needs to provide explanatory or illustrative documents. For example, if the trademark is a complex logo, the applicant can provide technical drawings.
To file a trademark protection application in South Africa, you can file by the following filing methods:
Direct filing: Customers can go directly to the Corporate and Intellectual Property Commission of the Ministry of Trade and Industry at Physical Address: Block F the dti Campus 77 Meintjies Street Sunnyside Pretoria to submit the application and related documents.
Mail or post: You can send your application and all necessary documents via postal service or courier service to the Companies and Intellectual Property Commission of the Ministry of Commerce and Industry at Physical Address: Block F the dti Campus 77 Meintjies Street Sunnyside Pretoria.
Submit online via the CIPC system with the following link:
Validity of Trademark Registration Certificate in South Africa
The trademark is registered for protection for 10 years from the date of filing. In order to continue protection, the owner must carry out the trademark renewal procedure before the expiration date. Each renewal lasts for 10 years and can be done multiple times.
At least 6 months before the expiration date, the owner will receive an email reminder notification. In addition, this information can also be accessed online through the trademark search function on CIPC’s website.
It is the owner’s responsibility to ensure that the trademark renewal is made on time. The basic renewal fee is R260.00. If the renewal application is filed late, the owner will incur an additional penalty fee accordingly: R48.00 if filed within 6 months after the expiry date and R145.00 if filed more than 6 months.
To carry out the renewal procedure, the owner needs to
Fill in all the information in Form TM5 according to the form at the link sent above.
Submit the original Form TM5 to CIPC by mail, courier service, or in person at the CIPC office, 77 Meintjies Street, Sunnyside, Pretoria.
Trademark registration services in South Africa by Viet An Law Firm
Perform the search and notify the customer in writing of the result of the trademark search in South Africa;
Drafting dossiers and directly filing and monitoring the status of trademark applications filed in South Africa on behalf of trademark owners;
Notifying, advising and handling deficiencies/refusals of competent State agencies (if any) in the process of monitoring trademark applications in South Africa;
Assist in monitoring and representing the resolution of objections and feedback to the intellectual property representative carrying out procedures in South Africa.
Receive official dispatches, certificates and hand over to customers (if any).
Trademark registration in Solomon Islands requires UK pre-registration. Complete guide covering legal requirements, application process, and registration services by Viet An Law.
Trademark registration renewal in Sweden guide: Learn the 10-year validity period, PRV renewal procedures, deadlines, and how to maintain your trademark protection rights.
Procedures for incorporation of a company in India explained. Complete guide covering required documents, SPICe registration, DSC application, and step-by-step setup process.
Trademark registration in Slovakia guide: Learn filing procedures, Madrid System options, required documents, and legal requirements for protecting your brand in the EU market.
Trademark registration renewal in Tanzania guide: Learn the 7-year validity period, BRELA renewal procedures, required forms, fees, and grace period rules to maintain your IP rights.
