SOUTH AFRICAN TRADEMARKS

The following information is supplied for the convenience of our clients or potential clients and is to be considered as a brief and simplified outline only regarding details concerning a South African Trademark application and matters concerned herewith.

1. Procedure for obtaining trademark protection in South Africa
The process for obtaining trademark protection begins by filing a trademark application at the South African Trademarks Office in Pretoria.

The definition of a "mark" given in the South African Trademark Act includes any sign capable of being represented graphically, including a device, name, signature, word, letter, numeral, shape, configuration, pattern, ornamentation, colour or container for goods of any combination of the aforesaid.

Accordingly, a trade mark is defined as a mark used or proposed to be used by a person in relation to goods or services for the purpose of distinguishing the goods or services in relation to which the mark is used or proposed to be used from the same kinds of goods or services connected in the course of trade with any other person.

For the registration of trademarks, the register is divided into a number of classes, namely thirty-four classes for goods, and eleven for services. It is important to note that a separate application must be filed in each class for which protection is sought.

Please click on the title "Foreign Trademark applications" for more information, in this respect.

As of 2008, our charges for preparing and filing a South African trademark application are from R4 500 per application. Where a trademark is to be filed in more than one class which necessitates multiple applications, discount is applicable per subsequent application.