Why Registering a Trademark Matters, and How to Do It in South Africa
In a competitive business landscape, standing out is essential, and that’s where trademarks come in. A registered trademark gives your brand legal recognition and protection, helping you secure the exclusive right to use your name, logo, or slogan in connection with your products or services.
Minné Breydenbach from Brand Armour spoke to RSG to unpack the basics of trademark registration in South Africa and why it’s a vital step for any brand owner.
What is a trademark?
A trademark is any sign, such as a word, logo, or slogan, that distinguishes your goods or services from those of others. Think of ride-hailing services: the name Wanatu would serve as a trademark that differentiates it from competitors like Uber or Bolt. Once registered, the owner of the trademark has the exclusive right to use that mark in connection with the goods or services it covers.
Where and how do you register a trademark?
Many entrepreneurs hesitate to consult a trademark attorney, thinking the process is complicated or expensive. But firms like Brand Armour have simplified this. They offer an accessible, online trademark registration service, supported where necessary by a panel of attorneys, including Bredenkamp Attorneys, especially when enforcement becomes necessary after registration.
To register a trademark, you’ll need:
The name or logo you want to protect (e.g., Nike),
The name of the applicant (this could be a company or individual),
A description of the goods or services to which the trademark will apply. Importantly, your trademark doesn’t have to match your company name. A company can own multiple trademarks across different products and services, for example, Famous Brands owns Steers, Debonairs Pizza, and Wimpy, all separate trademarks.
The Registration Process
Trademarks are classified into 45 different categories (classes), and you must specify which class your mark falls under. Before filing, a search must be conducted on the CIPC’s database to check for existing identical or confusingly similar trademarks.
If the name is available, Brand Armour proceeds to file the application in the appropriate class. The CIPC typically takes 3–6 months to respond. If accepted, the trademark is advertised in the Patent Journal, after which the registration certificate is issued.
What if someone copies your trademark?
Once your trademark is registered, you have legal grounds to act against anyone using a similar or identical mark without permission. Infringement cases are referred to attorneys who can take legal action to enforce your rights. While you can have rights to a mark without registration, enforcing an unregistered trademark is far more difficult and uncertain.
Validity and ownership
A registered trademark is valid for 10 years and can be renewed indefinitely every 10 years. It is also considered intellectual property, which means it can be sold, licensed, or transferred to another person or entity.
™ vs ® – What’s the difference?
The ™ symbol indicates that a name or logo is being used as a trademark but is not yet registered. The ® symbol may only be used once your trademark is officially registered with the CIPC.