A Trade Mark is a brand name, a slogan or a logo that identifies the services or goods of your business and distinguishes it from your competitors’ services or goods. It protects the company name and becomes a capital asset of the business. The most important part of any Trade Mark application is the specification of goods or services. A Trade Mark must be registered in respect of goods or services falling into a particular class. All goods and services fall into one of 45 classes. Our Trade Mark Attorney will assist you to ensure you choose the correct class(es) for the necessary protection. Click here to see all the classes. These classes are subdivided in thirty four (34) classes for goods; and eleven (11) for services.
It costs R 2690 (VAT Inc) for the 1st Phase in completing a special comprehensive search of the Trade Marks register in one class*, payable on application.
Here we firstly check whether you should proceed with the Trade Mark application ‘as is’ or first adjust your Trade Mark to ensure success. We prepare your Trade Mark Application that will be submitted to our Trade Mark Attorney; who will initiate and complete the special search on the CIPC Trade Marks register.
*A ‘class’ is a specific service / product category. If your goods or services cover more than 1 category in which you want to be protected, we will need to search in additional classes additional cost. We will quote you at a discounted rate.
Once you have received your search results and decided to proceed, our Trade Mark Attorney will assist with Phase 2 during which we will do the Full Trade Mark Registration. You will be assisted by Reinhardt Bruwer, who specialises in Intellectual Property Law.
There is no shortcut when it comes to Trademark Registration. Many service providers will offer quick Trademarks at a suspiciously low cost – but unfortunately their shortcuts are currently costing their clients. Recent cases have indicated that the Trademarks Office simply refuses the files if the correct legal procedures has not been followed through a Trademark Attorney. At Company Partners we provide a Premium Trademark Service to ensure the correct legal advise and process is followed to Register your Trademark with the “Trade Marks Office of South Africa”. Our Attorney is a practicing Trademark Attorney with extensive expertise and experience in Trademark law and will ensure your Trademark is filed correctly.
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1. Protection: It is a source of exclusivity. Registering a Trade Mark is the best, safest, quickest and most cost effective way to ensure legal exclusivity for the use of your company name, slogan or logo etc. No one else will be able to use your brand or a brand name confusingly similar.
2. Company value: Your business value will increase as a Trade Mark is one of the most important assets a Company can have. Any potential purchaser of your business will be willing to pay more for the goodwill that you have built up under your Trade Marked Brand. A registered trade mark is a capital asset, which may be valued, licensed or offered as security. After licensing a Trade Mark you can then govern the use of a registered Trade Mark to manufacturers, distributors or franchisees and claim royalties in return.
3. Premium price: A Trade Mark is a badge of quality in relation to price. People will know that goods or services bearing the same Trade Mark will be of consistent and expected quality. Thus, your clients will also be willing to pay a certain premium as a Trade Mark creates trust and loyalty.
a) Examination of the Trademark
The Trade Marks Office examines the application in order to ascertain that all the application requirements were adhered to. The examination also involves ascertaining whether the Trade Mark applied for is confusingly similar to an applied for or registered Trademark on the register.
b) Subsequent to examination
The Trade Marks Office accepts the application outright, or requires certain conditions to be met or may refuse the application. The Trade Mark applicant may then accordingly amend the application or make representations to the Trade Marks Office.
Once the application has been accepted by the Trade Marks Office, the applicant needs to advertise the acceptance of the application the Trademark Journal. The application is open to opposition by any interested parties for a prescribed period of 3 months.
d) Trademark Registration in South Africa
Once the application has been accepted, advertised and not been opposed. The Trade Marks Office registers the Trademark and provides the applicant with a certificate of registration.
Dangers of not having a Trademark in South Africa